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Category: Trademark

“Use it or lose it” if you are not using your trademark after filing, you must read this!

September 1, 2013
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| Categories: Intellectual Property, Trademark

Use it or Lose it - Trademark   Intellectual Property (IP) rights in itself is a negative right.  Unlike other kinds of intellectual property such as Patents, Copyrights, Designs, Trademark is the only right that one can have in his possession for his lifetime when in use and renewed. [caption id="attachment_343" align="alignright" width="227"] Use the trademark or lose the trademark[/caption]   This simply means a registered trademark can be renewed every 10 years by paying prescribed fees and the trademark owner shall continue to exploit his rights over the usage for perpetuity.   However, this comes with a stipulation of continued usage in trade and if you do not use your mark for a reasonable period of time even after registration,...

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TM registry to hike costs for trademark registration

August 25, 2013
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| Categories: Intellectual Property, Trademark

After the recent hike in patent fees, on August 1, 2013, the Ministry of Commerce and Industry through the Department of Industrial Policy and Promotion has published a draft of the amendments to the Trademark Rules 2002. Please see the gazette notification here This draft notifies essentially two things as given below: Fee for trademark application-------------------Existing Fee 3500 INR---------------Proposed Fee 4000 INR Fee for expedited trademark examination----Existing Fee 17500 INR--------------Proposed  Fee 20,000 INR Although the expedited examination is supposed to place your application before the examiner anywhere between 7 days to 3 months, this has not been effective as it should due to shortage of staff in TM registry. We hope these conditions will also improve.

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Things to look for when using Madrid System in India – National System vs Madrid System

August 3, 2013
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| Categories: Intellectual Property, Trademark

[caption id="attachment_329" align="aligncenter" width="520"] Madrid-WIPO[/caption]   While it is indisputable that Madrid Trademark System brings a host of advantages for applicants wanting to register their trademark across the globe, there are a few things to be taken in to consideration to chose whether Madrid System would suit you. If you are only looking to register your brand only in a country or two, then you may have to think twice before choosing Madrid System as you may end up spending a lot more than you should. For example, if you want to get a trademark only in US, then you are better off using the national system, as opposed to Madrid System. To get a trademark in US using Madrid...

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How to avoid trademark objections in India?

June 15, 2013
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| Categories: Intellectual Property, Trademark

Trademark Objections Trademark objections are increasingly becoming common these days because of various reasons; one main important reason being lack of awareness among applicants and counsels who file applications.  Objections are raised by trademark examiners in the following circumstances: Trademarks that are not distinctive in character and not capable of distinguishing the goods or services of one person from those of another person, and consists of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services and consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices...

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What is next after trademark application? How to use trademark symbols in India?

May 8, 2013
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| Categories: Intellectual Property, Trademark

After much contemplation, you now have successfully filed your trademark application and next what?  Okay, it is time to show-off or cause notice to the public regarding the usage of that trademark.  Let us see how and why we should do so. Why and how to use trade mark symbols? The symbols ®, TM and SM provide notice to the world that you are claiming trademark rights in any mark using these symbols. You may use the TM on marks identifying goods, and the SM on marks identifying services as soon as you have filed the application and allotted with an unique TM application number. You need not have a registration to use the TM or SM symbols. However, the...

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Almost 30K TM applications pending before Trademark Registry, India

May 6, 2013
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| Categories: Intellectual Property, Trademark

As many as 30,221 applications are pending for issuance of trademark registration certificates due to shortage of manpower, Parliament was informed Monday. "Pendency in issuance of registration certificates for applications found fit for registration as on 30th April is 30,221. The main cause of the backlog in issuance of registration certificates is insufficient manpower due to vacant posts," Minister of State for Commerce and Industry, D Purandeswari said in a written reply to the Lok Sabha. She said that at present, 56 of the sanctioned 130 posts relating to Trade Mark Registry are lying vacant. The minister informed that the Office of the Controller General of Patents Designs and Trademarks has 11 offices in five cities. Of these, four are...

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