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Month: January 2014

How to (not) kill your trademark?

January 26, 2014
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| Categories: Intellectual Property, Trademark

What is this all about? "What is all about killing a trademark?  How can you kill a trademark?  It is an intangible property, right?" I know some of these questions may pop up in your mind while you read this. Killing a trademark is very much possible and by doing so, you may not make it disappear completely from the world, but you will destroy its essential qualities. We are going to discuss here some issues revolving around:   how a trademark can lose its essential qualities; what happens after that; and how to prevent that from happening. A trademark, as we know, is primarily a negative right given to the registered owner by law.  However, the absolute (not always) right...

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Do-it-yourself trademark search in India

January 24, 2014
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| Categories: Intellectual Property, Trademark

This post is aimed at educating general public as to how to conduct a trademark search in India. Why you should do a search? To check if your trademark is already registered; To check if your trademark is already filed and pending to be registered; To identify the potential for objection and/or opposition; To check if your trademark would infringe on any registered or pending marks. How to do a search? Visit Indian Trademark Registry Website at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx Please download the Guidelines to use Trade Mark Public Search containing detailed instructions on how to perform trademark search  

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Trademark objections at its peak at 98%

January 16, 2014
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| Categories: Intellectual Property, Trademark

It is not unusual for a trademark practitioner who have practiced before other jurisdictions to notice that the percentage of objections issued by the Indian Trademark Office is extremely higher when compared to other trademark offices such as USPTO, IPO, IP Australia, EU. [caption id="attachment_306" align="aligncenter" width="420"] Trademark Objection In India[/caption] We randomly picked a few monthly objection lists involving around 1000 applications from Classes 30 and 35 from 2013 and 2014 for a quick analysis. Around 98% of the application are objected at first instance. To our surprise, we discovered that about 98% of the trademark applications were objected at first.  We also observe that almost same percentage of objections are posted for hearing, albeit a detailed, well-drafted and comprehensive...

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“Why this Kolaveri” fight?

January 11, 2014
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| Categories: Uncategorized

The title of any creative work such as books, songs, movies, creates an impression in the minds of the users.  So, it is crucial to have a good name free of any encumbrances for creative works so that they can be promoted freely without any legal tangles. [caption id="" align="alignnone" width="768"] Source: www.youtube.com[/caption] Limitations in Copyright Musical works and sound recordings are subject-matters of copyright and protected by copyright laws.  However, book titles and  song titles cannot be copyrighted, and naturally, one has to resort to protection under trademark statute. The trend of trademarking song titles are not so common in India when compared to foreign countries. Trademark Protection Why trademark a song title?  It's so happens sometimes several versions...

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What is a good trademark?

January 1, 2014
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| Categories: Intellectual Property, Trademark

What is a good trademark? 'What is a good trademark' is one of the most frequently asked questions by our clients.  This typically becomes the subject-matter of discussion when our lawyers opine on the trademark-ability or registrability of a proposed mark.  Clients often get upset or put off when we try to make them understand that their trademark are vulnerable to objection and opposition.  Law is a lousy mistress and complex subject - this is no exception for intellectual property laws.  Although the IPR laws seem very plain and simple, interpretation of each clauses is definitely a complex thing. Is it a difficult task? YES! Creating or selecting a trademark is definitely no easy task as in case of naming...

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