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sa7124   07 September 2014 at 14:26

Trademark exam report - how to reply

sir/madam,

i want some caselaws relating to trademark- how to reply trademark exam report for section11,12 and 132 ?


exam report

The above mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade Mark Rules,2002 and the trade mark applied for is open to objection under the following sections :

1. The trade marks-which consist exclusively 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 service;

2. The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.The detail of same/similar trade marks is enclosed herewith

Save as provided in Sec. 12, a trade mark shall not be registered if, because of-its identity with an earlier trade mark and similarity of goods or services covered by; the trade mark; orits similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

Hence, the above application is liable to be refused. Accordingly, you are

requested to submit your response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of this Examination Report or you may apply for a hearing.

Please Note that if no reply is received or a request for a hearing is applied for within the above mentioned stipulated time ,the said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and there after the status of application in the computer database shall reflect the factual position

Sachin Gupta   22 August 2014 at 10:25

Trademark in simple font or animated

Dear Sir

I want to register(Trademark) my Brand Name regarding which i Have some issues

1. Can I register my Brand Name in simple font & use it in different Colors and Designs later as per my need??
or
I can use it only in the manner in which it is registered?

2.How long does it take to publish the trademark in TradeMark Journal?

sa7124   12 January 2014 at 17:10

How to reply notice -- trademark


please help me some one, by showing the format of reply Legal notice

Member (Account Deleted)   16 June 2012 at 12:38

Renewal of trade mark registration

In case application is made for fresh registration after expiry of the validity period of the trade mark registered, whether new certificate becomes valid form the expiry date or from the prospective date.