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

May 3, 2019

Types of Trademark Application in India

Before the Advent of new TM rule, 2017, there were separate applications which had to be filled for each of the below mentioned Types of trademarks and there were separate forms for single class and multi-class applications, also depending upon whether priority was claimed or not. The type of the application would depend upon factors like the type of mark that is to be filled, single or multi class, priority or not, an application could be fro-

Normal Trademark- A normal Trademark Application to be filed for a word, Device or any other combination thereof.

Certification Mark- A certification mark is defined under Section 2(e) of the Act, “Certification Trademark” means a mark capable of distinguishing the goods or service in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of service not so certified and registrable as such under chapter IX in respect of those goods and services in the name, as proprietor of the certification trade mark, of that person. In short it is a mark certifies the characteristics like quality, origin etc of other goods or services. Example ISI mark.

Collective mark- As the name suggests, where a mark belongs to a collective group or association of persons it is called as collective mark. Example Confederation of Indian Industry (CII).

Series mark- Where the trademark applied applied for, is in the form of a series. In other words, the primary element of a mark might be used used/ intended to be used in several forms/ways by the proprietor and instead of filing separate applications for each, it is possible to file them as a series. For example, McDonalds has series mark incorporating the term “MC” +Like Mcchicken, Mc Cafe, MS Donuts etc.

Currently all the above applications could be filed under form TM -A.

Generally a Trademark application can be filed on the following basis-

Indian Application- this is the Application form directly filed in one of the IP offices in India and also Online Application can be filed.

International Applications- India Acceded to the Madrid Protocol and with effect from July 8, 2013 it is possible to designate India in an international application. Similarly it is also possible to file online an international application under the Madrid Protocol throgh the Indian Trademark Office.

August 28, 2018

Free International Trademark search in India

Free International Trademark search in India

Any individual or organization wants to offer their items in an International Market, they are required to enroll their trademark Internationally too. To get the trademark enlisted internationally it is critical to do trademark search internationally in India, and if no check matches or discovered then an Applicant can apply for trademark registration internationally. International Trademark registration is directed by Madrid Protocol and WIPO ( World Intellectual Property Organization) of Geneva.

International Trademark search is an office given by WIPO by which search is done in international database and candidate additionally gets beyond any doubt that in the wake of applying For trademark Internationally the odds for complaint is less.

Advantages of International Trademark search are as per the following:

By doing Trademark search internationally one gets beyond any doubt that there is no existing comparable stamps internationally. What’s more, along these lines,, the odds of protest lessens. By doing trademark search the Applicant determines that they can’t utilize their trademarks on International level, which spares them for doing any kind of infringement.

Furthermore, by doing Trademark search internationally one gets clear and can likewise observe the infringers i.e. who else is using their stamp and making business advantage out of it and in this way the Applicant can sue the infringer and can assert harms or can request injunction either.

Along these lines it is vital for each individual and friends to do trademark search before applying for Trademark whether in India or Abroad.

Procedure of Conducting International Trademark search In India

There are distinctive strategies for conducting International trademark search in India. The entire database of international trademark is there on WIPO Website, and its control board includes the organizations that agreed to accept the Madrid framework. Through Word Search, Logo search and Device Search Trademark search should be possible:

You can direct word search and search for phonetic comparability under class 1 to 35.

Logo grouping is helped out through Nice Classification database set up in light of Nice understanding.

Gadget check search is finished using the International Classification of Figurative component of stamp database.

One imperative thing to be noted before applying for International Trademark registration it is critical to get your trademark enrolled in no less than one Country and after that you can apply for trademark registration in other Country.

August 4, 2018

5 Tips- How To Pick Or Find The Perfect Brand Name Of Your Product?

“The first impressions is everything”

When you have access to a product that you trade with, you would want for it to be remembered. How it is remembered on the basis of how you name it and naming the product is the whole essence of branding. With a right name, any product that comes into the market can grab the attention of the onlookers.

This was probably the same thought that the creators of coca-cola had! Now look at it, one of the leading products of our generation with nearly 200 years of existence.

Do you want to make sure that your service or your brand name is on the lips of everyone out there?

Well, it is not even a question, is it? Of course you! Well, to that end, let us tell you some tips that will assist you with naming the product in a best way possible.

Naming the brand in the best way possible:

The following tips that we are going to tell you about are applicable for every product that you can use to grab the attention of the consumers or the service seekers.

Choose a name that you can speak right: for something to be able to sound right, you should be able to speak it right as well. While you are naming your trade, speak it out and clear. If your mouth does not move a lot, then it is interesting, if it moves too much, then it is overly complicated. Therefore, choose the name that is impactful and yet, and a bit subtle as well.

Your brand name should be able to sound right: now, in order for the name of the brand to sound right, it should not be confusing in any shape or form. Choosing a right sounding name can be tricky because of the simple reason that you need the output of others in this. Go outside and ask complete strangers about the name. you will be surprised to hear how man strangers give you the right response. Take them to heed and rename of your brand if you have to, but makes sure that it sounds right.

Get all of your legal aspect: now, if you want to brand your product in a way that it grows without hindrance like the name getting stolen by other individuals. To that end, you need to make sure that your mark is unique. To get this information, you need to do a trademark search. This search will tell you of the name you have chosen is right and is available for your trade.

Give your name a test run online: one of the ways to know as to whether your ideas will be successful will be with blogs and other online methods. Therefore, once you have thought on a name, you need to start a blog with the name as a domain name or you can start a Facebook group with that name. the amount of people who are going to like the group when you first start the page, is also a form of confirmation from a public that you can look into.

Choose a name that is somehow descriptive and also is not descriptive: this might be the most confusing name that you have ever read. To that end, let us clear this up for you. When you want to choose the brand name the first thought that goes through your head is to name it in such a way, that somehow, the quality and type of your product are emphasized in it. However, this cannot happen. To that end, you can make use of such entities to name your brand that does not claim the quality of your product outright, but does it in a subtle manner. To exemplify, when you hear “Jaquar” you automatically think fast car, sports car etc. similarly when you hear “ Ambuja”, the strength of your word accentuates on reinforcement and therefore, it is the trademark name for a particular brand of cement.

If you go by the last tip, you might think that the entire matter is tricky. To be honest, it is. However, if you follow along these tips you can be assured that the brand name that you decide upon is not only growth worthy but also durable.

Also after choosing the brand name , you must also get it Trademarked so that no one else can copy the same .

BIATConsultant is leading consultant in India providing assistance in trademark registration online , company registration online and more .

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 .