Upgrad LLM

same word different class


Hello ., i would like to ask here...that if there is a trademark of the word ~ Neem~ in class 3 by xyz and if .. ...i also want to take the trademark for the word ~Neem~ in class 44 services.. being a doctor ..i want to name my clinic as Neem.. then will i get the trademark....will i get objections from the person in other class...pls guide thnx

 
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Advocate&consultant

No, you will not be objected.

srishaila,advocate,bangalore


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I am Asking This Because ~Neem~ as an ayurvedic product registered by xyz in class 3... and Neem as as ayurvedic clinic registered by me in class 44... so both are related to ayurvedic field ...will i get registration??   will there be objection

 
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Thankyou srishaila jee... But if both are related to ayurved will i get objection??  

 
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You will be registered your trademark because that r different class and suggest to apply with logo or label. And search your brand name in class 44 you can see all registered or non-registered marks. 

 
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Company Secretary

Hi frends,

i have a registered trade mark in class11in India. I want to ask whether i can raise objection to any other person getting the registered trade mark in any other class viz class 12,13,14

Other thing i want to ask is that  i am getting mails from Pakistan, China etc. in which the concerned attorney tell me that some other co. is going to get a registered trade mark with the same word work which i have registered in India. I want to know whether i can raise objection even if any other person wants to get the same mark registered in other country.

pls suggets.

thanks,

Poonam

 

 

 

 

 

 
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consultant

Trademark protection is territorial in nature that means if you need protection in other countries you have to file application in those countries also. Also protection in one class does not give protection in other classes. Depending on the trademark and whether  the goods may fall under related classes you may file an opposition in the countries where you have registered your mark.

T.R.Subramanian

 
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consultant

Neem is not a good trademark. Try to adopt a trademark which is unique, does not have a meaning,coined etc like Pepsi.You can adopt neem for class 44 provided it is not used by any other person before, even if it is registered in class 3.

T.R.Subramanian

 
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