Trademark Archives - Page 2 of 2 - Business , Financial & Legal Consultant In India

July 30, 2018July 30, 2018

Difference Between Brand Name And Company Name

People often get confused about between the brand name and company name. they fail to understand the difference between the two and believe that company name and brand name is one of the same thing.
However, in the law, there exists a clear definite distinction between the two. It is important for the business owner or any other person to know this distinction to get it registered. We will take a deeper insight into a meaning and difference between the brand name and a company name with this blog.

Trademark or Brand name:

Brand name is the name that is given to the products and services of the company. This name can be used by the company for advertising and sales purposes. There is a clear distinction between the business name and a trading name. unlike the company name, the brand name does not mandatorily have to end with the Private Limited Company, LLC, Corp, or other legal ending.

On Brand name Trademark is to be given on trading name, i.e. by which company is doing its trading.

Company Name:

The name given to the Organization registered under the Companies Act is known as company name or trade name. simply stated that it is a an official name under which the sole individual or the group of individuals decides to carry on some business activity. The Suffix in the name of the
company depends upon the type of business structure under which it is currently operating. For instance, the complete name of Private Limited Company will be ABC Private Limited Company. A company name could be a private Limited Company or a Limited Company, or LLP company could be there.

Key Differences Between a Brand Name and a Company Name:

1. Multiple brand names could be registered under the name of one company name. For Instance, The Hindustan Liver Limited Company possesses the famous brand name like Lux, Wheel, Ponds, Vaseline and Surf Excel.
2. The company is an Artificial person on whose name the various statutory requirements are fulfilled. Like the income tax returns are filed, Annual filing is made and various other legal proceedings are carried out. Whereas Trademark is just a name given to the products and services that are used as an intangible asset for the company.

3. The name of the company can be registered by filing the RUN form with the ministry of Corporate Affairs. Whereas for obtaining the Trademark registration, the application, Trademark Application has to be filed for the Trademark Department, and trademark can Application shall be applied through IP India Government website, through which certain
government fees have to be given to the Government in order to apply for the Trademark registration.
4. The Applicant is required to conduct the company name search before applying for its registration. Also the search should be conducted in the trademark database. Whereas there is no such requirement for trademark registration. Before applying for trademark registration. Before Applying for Trademark registration, an applicant must conduct the free public trademark search. Unlike company name thete is no requirement to search for
company name database.

So in case you are looking for trademark registration online in India , feel free to contact BIATConsultant.com or quick fill in the form below

[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

July 20, 2018

What Is The Common Law In Trademark ?

You know even if your Trademark has not gone through the usual trademark registration, you are still the owner of trademark from the point when you start to use it. The law is there to give protection to unregistered Trademark, which is also known as passing off .

What can be a common law In Trademark:

Much like the Registered Trademark, common law trademark can also be anything from symbols, words, graphics, or any such combination. As long as it can distinctly identify your product from another, it can be a common law. A common law Trademark can use “TM” symbol along with their marks when they are trading.

The Difference between a Registered Trademark and Common law Trademark:

1. A Registered Trademark can make a use of ‘R’ symbol while trading whereas in a common law mark, owner can use the ‘TM’ symbol while trading.
2. When it comes to Registered Trademark, Trademark owner can enjoy his right to the fullest and can sue Trademark infringers whereas protection in common law is limited and restricted.
3. Registered trademark can cover a lot more grounds as compare to common law mark. It means that common law trademark is restricted to a very specific geographical region.There are certain rights which are given in common law trademark
1. If you and another person have been using the same trademark while other person has pursued with trademark registration, then two individuals can oppose his mark once it is published in the journal, in such cases the registration is being awarded on the basis of prior usage, i.e. who has been using the trademark earlier.
2. Passing off remedy: this remedy is provided when an individual is using a product from many years and has earned goodwill and become known to the public then you have right to assert your claim towards trademark that are confusing and doing the same business as you. This form of protection is called as ‘passing off’ of Trademark.

Common Law V/s Registered Trademark Registration

This is very common question which comes in mind of every individual when we talk about registered trademark and common law mark. So one should always go for trademark registration as it gives you exclusive right to use the Trademark, and it also gives you right to sue the Trademark Infringer who is illegally or wrongfully using your trademark without your consent.

However Common law is a good protection but it is only for a short term. To that end, if you want a more robust protection when it comes to the matter of protecting the mark that signifies your trade, you should go with Registration.

BIATConsultant is leading consultancy firm in India . In case you are looking for trademark registration online , or is facing any conflict regarding the same feel free to contact us at +919650476099 .

July 15, 2018

WHAT IS THE MEANING OF TRADEMARK STATUS?

Getting a trademark is not an easy task. It has to go to through several stages
in order to get registered. Trademark can be done of various things like
company’s logo, company’s symbol or name etc. In order to get it trademark it
has to go through a serious inspection before it is approved. There are various
status that can be granted to trademark application. Some of them are as
follows:

Online new application
This status appears when you are filling up the application. Online new
application is available when you are filling it online.

Send To Vienna Codification
There are different categories in which the trademark is applied. If the
trademark consists of symbol, logo or any other design, it is assigned a code
called “Vienna Codification” and this stage is termed as “Send to Vienna
Codification”.

Formalities Chk Pass
This is a very important stage in which all the important formalities are
checked such that it meets all the basic requirements. This stage is termed as
“Formalities chk pass”.

Formalities Chk Fail
As we have already discussed what is formality chk pass status. Now if in that
stage if all the formalities fail to pass, then this stage is termed as “formalities
chk fail”.

Marked For Exam
After all the formality checks, the trademark is passed to the examiner. The
examiner approves in according to various sections of the Trade Marks Act and the status at this stage is termed as “Marked For Exam”.

Exam report issued/accepted
After checking and validation of the trademark, the examiner issues a report as accepted and the status of this stage is known as “Exam report
issued/accepted”. This is a very crucial stage because the examiner gives his
final report on its publication in Trademark Journal.

Objected
If your trademark has some problems, the examiner does not accept the
trademark. The examiner gives objection in a very detailed report to the user
informing about each and every objection in the trademark. An on paper reply
is offered to trade mark registry and the status of this stage is known as
objected.

Advertised or Accepted and advertised
When a trademark application is presented in the Journal, it is given the status
of “advertised or Accepted and Advertised”. This is a very vital status as the
third party has the right to compete with it within 4 months. The trademark
registration certificate is granted if there is no opposition.

Opposed
This is a very important stage as if the opposition stage opposes the
trademark, then the status of the application is termed as “Opposed”.

Send back to EDP
If there are any data entry errors in the application, the application have to be
corrected and is send back to EDP for correction. Once all the errors are
corrected, the entire process starts again for getting the trademark done.

Send to PRAS
PRAS stands for “Pre-Registration Amendment Section”. This status is given
when there are any changes in registration that require attention of the
customer. If that is the case, application is passed to the PRAS department.