trademark registration Archives - Business , Financial & Legal Consultant In India

November 29, 2018

How to protect Trademark Internationally

If any person wants to register their mark in abroad or you are thinking for worldwide expansion then he can consult his lawyer or his agents to get it registered. And every Application for Trademark is applied individually in that Country’s IP Office. Applying in a different Country is a quite tricky process and that is why World Intellectual Property Organization (WIPO) have given Sorted solution for that and i.e. Filing of Trademark through Madrid Protocol through which Trademark can be applied in several countries through a single Application.

What is Madrid System

It is basically an Agreement which is signed by several countries (At present t has 97 member countries). By filing single Application Trademark can be filed in these several countries. By filing of a single Application status of your Trademark in each country can be tracked and managed centrally through the WIPO Site. without Madrid System international Trademark process is quite tricky and lengthy.

An Application will be moved from the country of origin only. And costing is given on the WIPO website. Fee Calculator is there on the WIPO website to tell the fees for applying for Madrid. It depends on the number of countries you are applying for and accordingly fees is charged. It takes 15 to 18 months to get it registered and can be renewed after every 10 years.

Therefore for Trademark application it is advisable to seek suggestion from the trademark attorney and after proper consultation only applies for Trademark filing by the way of Madrid System.

September 29, 2018

What is Deceptively similar Trademarks case in India; Brief Example

One of the biggest hurdle in getting the trademark registered is the similarity of the trademark with the existing similar marks. If you are having a similar mark with the existing mark then it creates confusion in the minds of customers. It is important to understand that Trademark is unique, i.e. it is not deceptively similar to the existing mark.

In order to get registered as Trademark in India, it has to fulfill the criteria of distinctiveness, Non- Similarity and it should not be prohibited by law. Deceptively similar mark is the most common ground on which objection comes from the side of Registry.

According to section 11(1) of Trademark Act, 1999, a trademark cannot be registered if it is deceptively similar, or identical, with the existing trademark and goods and services, that is likely to create confusion in the mind of public at large.

What is deceptively similar mark?

According to the section 2(h) of the trademark Act, 1999, it means that any mark which is similar or identical to the already existing mark, and which is likely to cause confusion among the mind of customers, is called deceptively similar mark which cannot be registered as trademark.

Famous Deceptively similar Trademark Case

In this case there were two marks i.e Starbucks and Sardarbuksh, so in this case sardarbaksh started its business in Delhi and also opened its 5 outlets across Delhi. Whereas Starbucks is a well known mark and also a registered mark all over the globe. And Starbucks filed a case against Sardarbuksh to stop its mark to use it further as it is deceptively similar mark with starbucks and also causing confusion in the mind of public at large. Therefore in this case court ordered Sardarbuksh to change its name to sardar-buksh as it was hampering the business of starbucks which is known and famous globally.

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September 16, 2018

BRAND NAME REGISTRATION PROCESS AND PROCEDURE WITH FEES IN INDIA

Making your Brand Name(Trademark) popular is well and good but if it is used by somebody else then it is of no use. Therefore it is necessary to register your brand name as soon as possible so that it can exclusively be used by you only and by no one else. Therefore it is important to know its registration process and fees in India. Therefore through this blog we are going to tell you about these facets of Brand Registration.

Brand Name(Trademark) Registration Process And Procedure In India

A Brand Name is a legal aspect of your product or service. Therefore throughout the registration process you will have to follow some legal procedures which can be quite lengthy. Therefore brand name registration process in India is as follows:-

Firstly you need to gather all the Documents which is required for Registration.
Then decide upon your Brand Name.
Then put that Brand Name in Public search module and then check whether that name is available.
Once you have check its name and classify its class then you are ready to file with the application online.
Online Registration of the Brand Name requires Digital Signature of the Attorney or f Agents.
Then file and submit the Application, and it will end up with the IP Department.
Then they will check your Application and Brand Name that whether it is truly available.
Once the Application is accepted by the department then it will get published inside the journal.
Then the name will remain in the journal for 3 months and if no opposition comes then it will automatically get registered.

Also Read : Procedure of registering trademark in India

The process that is mentioned here is quite lengthy. However there are several other obstacles that can be raised by the registry after filing of the Application and they are as follows:-

Brand Name Objection- Once Application for the registration of Brand Name is filed then Registry check from its side that whether there exist a similar brand name or not and they raise objection in their Examination Report, and when Examination Report comes reply is to be given to the Registry. And if Registry is not satisfied with the reply then they will issue notice for hearing.

Brand Name Opposition- This can happen once your Brand Name is being published. This generally comes when your Brand name is opposing other person’s Brand name. Dealing with this issue is long therefore it is recommended to take advice from professional before applying for your Brand Name Registration. And for this it is advised to take help of an Attorney or an Advocate.

If you want to get your Brand Name registered then you can get in touch with Biatconsultant.com and can provide you the best brand registration service at the most affordable price of Rs INR 6,499/-. Our Application will make sure that there is of need of reply. However if their are some objections then there are our Attorneys to handle these matters as well.

August 12, 2018August 12, 2018

How To Check Or Search Registered Trademarks In India?

If you want trademark registration to be a successful process, you need to cover all your bases. With the search for a registered trademark, you will be one right step to the right direction of this purpose of covering your bases. The process is undertaken online and it is pretty simple. However, make sure that you are o the desktop while you are searching for a mark. Because Government sights are not yet optimized for mobiles properly.

A trademark search is what one might call the most underrated aspect for applying for trademark registration that many laymen out there tend to ignore. This step is not only important in order to see as to whether your mark is even available, but this search module is also responsible for something called a proper trademark classification.

Searching for registered trademark in India

If you are engaged with the trademark registration process in the right way, you are going to make sure that all your bases are covered. To that end, it is important that you make sure that each and every step you take throughout the application filing process is the right one. One of those step is to look for a registered trademark.

Steps to look for a registered trademark

The steps to look for a mark that are already been registered are the simple one if only you know where to go. To that end take heed of the following steps:

You first need to open up your browser (preferably Google chrome or internet Explorer)
Then you go to the browser and you search and input these exact terms, public trademark search.
Once you are there in the module, you will have the following options:

A word mark
A logo
Other mark

4. If you select word mark from the drop drown menu, then you will be prompted to enter the Vienna code. Therefore, as your first search choose the wordmark.

5. Now, in the given dialogue, you input anything that you want to write. If you want to type “Taranga” you can type that. However, if you want to know the mark starting from a certain character you precede the character with “starting with”.

6. Now, matters what method you choose, enter your mark and press enter.

7. If any such registered trademark is available, you will be presented to a page where you can actually see the trademark along with its logo.

These are the steps that will allow you to see the registered trademark. This is going to make sure that you are properly armed with at least some knowledge before you apply for your own trademark.

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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.

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July 19, 2018

What is trademark infringement in India

If you have registered your trademark, then you have exclusive right to use that trademark, but if your trademark is being falsely used by other individual or person then it means that your trademark is being infringed. Trademark infringement is a punishable offence in India so it is very important for every people to understand what trademark infringement actually means.

Trademark infringement is defined under section 29 of Trademarks Act according to which it means that violating and exploiting the rights of the Trademark owner.

There are four kinds of Trademark Infringement and they are discussed below:-
1. There is likelihood of confusion:-
 A mark which is identical to the Registered Trademark and there is a similarity of goods or services covered by the Trademark in a manner causing confusion to the general public.
 The infringer might be a infringer by mistake and confusion was there by accident and with not fraudulent intention. So before using the mark it is advised to do a trademark search.
 The infringer intentionally desires to confuse the customer in order to compete with other brands.

2. False claim of registration:
There have been many instances where there have been claims of registration and all of them turned out to be false:
 Claiming that you have registered trademark even if there is no proof to support that.
 After Trademark has expired, and still claiming that the trademark is still relevant.

Trademark Registration in India is not permanent, therefore renewing of
trademark is necessary.

3. Unauthorized access to Trademarks:
When the Trademark is used illegally or without the consent of the Trademark Owner, then it is said that Trademark is being used wrongfully or the is an unauthorized access to the Trademark:
 Wrongfully using ‘R’ sign on unregistered Trademark.
 Intentionally claiming a false and unregistered Trademark.

4. False Trademark Imposition:
This sort of infringement is done in a following manner:
 Application of a false Trademark when processing, manufacturing, and packaging
the product.
 Making changes to the originally registered trademark before using it.
These are the types of infringement that you as a businessman might commit and you a trademark owner might be afflicted by. And to protect from trademark infringement there are provisions under Trademarks act which protects trademarks.

Trademark infringement is something that can both be deliberate and mistake, so it is necessary for both parties to know about its punishment and implications. This would prevent an aspirant make a mistake and protect the owner from being infringed.

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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.