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bupesh (n/a)     29 August 2007

Registration of trademark

What procedures should you follow when you wish to adopt a name for use as a trademark


 2 Replies

Prakash Yedhula (Lawyer)     29 August 2007

(1) Determine if the mark is capable of registration and protection.

(2) Search to determine if someone already owns the mark.

(3) Begin the registration process for the mark as soon as possible, either on the basis of use (if you have made use), or ""Intent to Use"" if you intend to use in the future. Remember the ""Intent to Use"" law requires a ""bona fide intent to use"". Bona fide intent is not generally questioned. The purpose of requiring such intent is to prevent someone from filing a bunch of trademarks and ""warehousing"" them, for purposes of later resale.

(4) Set up procedures to watch for infringes and to take appropriate action to get them to stop such infringing uses.

yedhash (n/a)     29 August 2007

The name should be distinctive
Personal names are prohibited
It should not be identical with any other trademark
It should not be opposed to public policy

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