Category: Intellectual Property
Can we file a word and logo in a single application?
Trademark, in simple terms, is a source indicator of a product or a service. Consumers identify the origin of a particular product or service through its trademark. The usage and adoption of trademarks have had evolved continuously over the past several years. The commonest types of trademarks are 1) standard character and figurative marks and…
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How to do a Do-It-Yourself (DIY) trademark pre-clearance search in India
India does not have a first-to-file system unlike China and a prior user of a trademark is in an advantageous position and gets rights over a trademark. Therefore, it is imperative that due diligence measures are taken before choosing a trademark. A trademark clearance search entails ascertaining trademark-ability, similarity and/or conflicts with pending or registered…
Top 7 reasons leading to objections in a trademark application
Top 7 reasons leading to Objections in Trademark Application Trademark Proceeding – Quasi-judicial in nature Applying for a trademark may seem quite straightforward and simple when one sees the trademark application (TM-A or its previous form TM-1). It is common for clients to wonder why lawyers specialising in trademarks (not general law practitioners) charge…
How registering in Amazon Brand Registry keeps counterfeits at bay
Amazon Brand Registry has been there for quite some time but in several other forms. This has undergone a drastic revamping in the later part of 2017. In the era of internet, brand names are more prone to hijacks and deliberate confusion created by counterfeiters than it is in the offline marketplace. Almost every e-commerce…
Highlights of New Amendments in Indian Trade Marks Rules 2017
Over the past five years there has been major improvements in the patent and trademark domains in India, majorly due to its obligations arising out of TRIPS. In 2012, the online submission of trademark and patents were introduced using digital signature, though contrary to online systems developed and implemented in other countries such as USA,…
Whether it is correct to use registered trademark ® symbol without registration?
Trademark registration involves several stages from application to publication before it is finally registered (see our earlier post on stages involved). It takes upwards of 12 to 18 months for a trademark to attain registration in India, provided that there is no objection or opposition. Symbols such as TM and ® are used by trademark…