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Tag: application

Will CGPDTM India hike the trademark fee followed by USPTO?

November 16, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

Trademark Fee Adjustments in the U.S.: A 2025 Overview Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement a new trademark fee structure, introducing changes to ensure the financial sustainability of its operations while aligning fees with service costs. Below is a detailed breakdown of the changes in trademark fees. Key Fee Changes The new structure replaces some existing fees, introduces additional charges for certain application behaviors, and adjusts post-registration fees. The highlights are summarized in the table below: DescriptionCurrent FeeNew FeeChange ($)Percent Change (%)Trademark Application Filing FeesPaper Application (per class)$750$850$10013%Base Application (electronic, per class)N/A$350N/AN/AApplication via WIPO (per class)$500$600$10020%Surcharge FeesInsufficient Information (per class)N/A$100N/AN/AFree-form Text Entry (per class)N/A$200N/AN/AAdditional 1,000 Characters in Free-formN/A$200N/AN/APost-Registration Maintenance FeesSection 8 Declaration...

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Why your trademark could be refused?

November 8, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

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Can descriptive trademarks be registered in India?

January 14, 2023
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| Categories: Trademark

Descriptive trademarks are those that describe the characteristics, qualities, or features of a product or service. In India, descriptive trademarks can be registered under the Trade Marks Act, 1999, but are subject to certain restrictions and conditions. One of the main restrictions for registering a descriptive trademark in India is that it must have acquired distinctiveness through use. This means that the trademark must have been used for a significant period of time and has become associated with a particular product or service, such that it can be distinguished from other similar trademarks. Another restriction is that descriptive trademarks cannot be registered if they are generic or commonly used terms. For example, words like "fresh" or "natural" that are commonly...

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Indian story of GI Application for Basmati Rice!

December 21, 2014
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| Categories: Geographical Indication

A geographical indication works as an indicator that allows producers in those areas to distinguish their goods from the goods of their competitors and maintain a reputation and goodwill around their products in order to attract a premium price. Registering a geographical indication in India involves: • identifying protected characteristics; • establishing effective representation and protection for stakeholders; and • ensuring that the benefits of the registration reach the people involved in producing the goods. The story of Basmati rice Basmati rice (Oryza sativa) means Basmati raw milled rice; parboiled rice and husked and unpolished Basmati rice. More details regarding the varieties, feature of each varieties, districts where and how it is produced can be had from here. We have...

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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 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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