Trade mark-objection


Dear Sir, The TMR Once number has given for the application it is presumption that the application is under process for registration...........

 
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INTELLECTUAL PROPERTY ATTORNEY

Dear Mr.Pashayanti,

 

Please find whether the other Company is using this particular tag line much before you have started to use, if that be so, they become the 'prior user' and the it follows that the 'prior user gets the priority in registration'.Also pl check whether they have already applied for trade mark registration with that tag line. If they have applied earlier,you can find their user date claim. If they are using that tag line for number of ytears before you have started to use, it is better you avoid using it and go for a new tag line. In that case you can even 'abandon'the earlier application and file a fresh application with your new tag line. It so happens sometimes that this Company might not have applied for registration and you may not be knowing their user date. In that case the TM Registry would register your mark. But the question is that if they come to know what they would do < Even if they do not have trade mark registration and if they fall under the 'prior user' classification, de3finitely they can go for action against you for using their tag line-under Common Law..They can go for 'passing off' action.

To avoid complications in future, it is better find whether this Company is the prior user and if that be so, it is better give using that tag line and go for another one.

 
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Dear Sir

 

I have applied for a trademark and got a provisional certificate from TMR. i have some query in my mind that will this brand name will be mine. since in the initial search it is showing that one person was using this but at the time of my application it was showing that this has been abanded.

 

also advise if some body is using the same name and he has not been registered it, so can he object that name and if yes, who will will because he has not applied or registered it.

also advise if some brand is registered in usa, can we register the same name here in india if that is available 

 

kindly advise.

 

thanks

sandeep

 
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consultant

I have seen the various good advises given by other members which i hope would be useful.I would just add a few things.In a composite trade mark comprising of a logo and tag line the most important part is the logoThe logo should be unique and should not resemble any other logo.Further registration is not compulsoryHence in the market there are registered and unregistered trademarks. The trademarks registry searches through their records which contains registered marks and marks pending for registeration.Before you apply you have to go to themarket and ascertain whether any mark is being used to avoid later litigation.Now coming to the proceedings before the trademarks Registry.once an application is filed it is numbered and the applicant is informed that he can use the mark with TM to show that it is a pending application.Then it passes through the stage of examination and if necessary issue of examination report, hearing of the applicant and iif satisfied the advertisement of the trademark for public to oppose and depending on the outcome of opposition .registering the mark.Once the trademark is registered you can use the letterR within circle to indicate that the mark is registeredIf 

The mere fact that any other person is using a tagline similar to yours is not a big question as long as your trademark is distinct and unique.you can even change the tagline as a matter of safety to avoid unnecessary litigatiom

T.R.Subramanian

ex controller general of patents ,designs and trademarks.

 
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A trademark should be unusual and not descriptttive and should be attached to the item that is being sold or offered for, in terms of services. The said Trademark should also be registered with the appropriate authority in order to obtain protection rights and proper legal ownership.

I've got my company trademark done from Myefilings.com, they are one of the most reputed online legal consultants in India. Myefilings is a professional and established which deal with online company registration and related services. Charges for basic trademark registration starts from Rs. 6499.Trademark Application under any one class for Proprietorships and Small Businesses registered under MSME Including Govt. Fees and GST.
 

 
 
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