trademark registration

Querist : Anonymous (Querist) 04 May 2010 This query is : Resolved
Hi
I applied for trademark of my co. name 3 months back....in website its still showing as new application...what is the further process?...do i have any advantage of applying earlier if somebody applies with similar name now?...will be grateful if somebody can help

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R.R. KRISHNAA (Expert) 04 May 2010
You have to approach the trademark registry in person to check its process and development status.

Though there would be a advantage of applying earlier than others but if somebody shows user of the mark in business much prior to your use then your rights may be in stake. It is the proof of use (user) and long use/prior use of the mark that counts in obtaining registration and your registration even can be cancelled later if somebody comes out before the registry showing prior use of the mark.

N RAMESH. (Expert) 04 May 2010
I agree with experts.

Raj Kumar Makkad (Expert) 04 May 2010
I am also in agreement to siva and krishana

Kumar Thadhani (Expert) 05 May 2010
It is the long usage of mark counted while applying for mark no matter wheneve it is applied for registeration such facts shall have to be proved by adducing of evidecing of long use during the time of hearing of application is called for before the registrar of Trade Marks Registry.

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