Regarding registration of brand name
Sathyan Avinash
(Querist) 08 September 2011
This query is : Resolved
Dear sir,
I have received a request from one of my clients to register his brand name i.e Madurai Meenakshi Appala Depot. And following the request he gave an additional information that his family members have already registered a trademark in the form of Madurai Meenakshi Chips and Snacks with a logo. My client wants only the name to be registered so that he can be free from trouble in the future from his not so friendly family members. The investment is Rs 10 lacs . Now can it be possible to :
1. Register his brand name without getting NOC from his relatives ?
2. Can a name alone be registered as a trademark ?
3. If yes or no please provide me guidelines on what i can possibly do along with reference to the related forms, procedures, etc
I thank you in advance
ajay sethi
(Expert) 08 September 2011
well you want us to do the home work. read the trade marks act for forms and procedure .
if name has already been registered by family members the registrar will have to consider earlier registered trademarks . the registar may direct the same to be pubished before acceptance . your family members can oppose registration within 3 months of publication or further period on application by opponents. the registrar after hearing the parties and considering the rival claims may allow or disallow the registartion
geographical name . no one can ahve monoply over it . thus madurai denotes place . you cant have monoply over it
Nagaraja B S
(Expert) 08 September 2011
Dear Mr. Sathyan,
I agree with Mr. Ajay Sethi, Geographical, Quality, Quantity & Generic names are barred from registration.
Madurai is a geographical area name. To cross your words, i did a search to find anything exists.
Infact, did a thorough search for Madurai in few classes related to food.
Madurai Meenakshi Appalam & Chips is already registered
Madurai Appalam is already registered.
What exactly, your client wants to register???
Please confirm, i can help you.
Thanks
Nagaraj
Corporate, Commercial & IP Lawyer
IP Lex Global Services
Email: nagaraja_bs@ipleglobal.in
Mob: 0091-09902007635 / 34
Raj Kumar Makkad
(Expert) 08 September 2011
I have similar advice as of both the experts.
Sathyan Avinash
(Querist) 09 September 2011
Dear Mr.Nagaraja,
My client wants to register a trademark for his brand name Madurai Meenaksi Appala Depot which he prints on his pack.
Nagaraja B S
(Expert) 09 September 2011
Dear Mr. Sathyan,
Please contact me on my email id.
Thanks
Nagaraj
Corporate, Commercial & IP Lawyer
IP Lex Global Services
Email: nagaraja_bs@ipleglobal.in
Mob: 0091-09902007635 / 34
