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manuraj (lawyer)     06 February 2010

tm registered in one class , what possession of other class

 tm registered in one class , what is the legal status registered tm in other class. 



Learning

 4 Replies


(Guest)

If you have registered TM in single class, you will get protection in that class alone. You cannot get protection for all the classes. If you want to protect your TM in other Classes also you can file Application for those Classes. You can file multi class Applications on class 99. Or which ever class you need you can file in that class.

 

Regards,

Aruna

manuraj (lawyer)     08 February 2010

 thanks aruna

Atul D Suryavanshi (Attorney -IPR- 09923552956)     11 May 2011

Yes, I agree with the Aruna. You need to apply for every  classseparatly, in whcih you wanted to add you TM. TM filed in one perticular class did not provide adequete protection for the other one.

Regards,

Atul Suryavanshi

Attoreny- IPR @ Justa Causa Legal Associates

09923552956

Summit Aggarwal (Ipr Lawyer(Trademarks Patents Designs and Copyrights))     15 May 2011

Well the views expressed above are right. However if you just missed appying in the other classes but your trademarks is an invented mark or a coined word like "ONIDA" OR "SANSUI".  you can assert your right under common law of Passing off. However, in any case you shall apply for the registration of your tm in other classes also if you wish to protect the same under the Statuory law.

Regards

Summit Aggarwal

www.iprindia.in


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