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S.S Karunakara (Business)     11 August 2011

Trade mark -resemblence

Dear All,

I am running a websitedesign concern and had applied for trade mark a year ago under class 42 ,the trade mark is  "SK Livetech", and got the application number ( at the time of application there was no public search option) ,

however after that when i verified for the similar marksI found one registered mark  "SKSoft " under the same class 42 registered in 2003,

so what is the possibility of my trademark getting registered ? is the both trade mark considered similar by the registrar? what are the options pending for me ?

my status of application as on 10-08-2011 is still appearing                   'New Application".

Please guide me,

 

Thanking you ,

Karuna



Learning

 9 Replies

Nagaraja B S (Corporate Commercial & IP Lawyer)     13 August 2011

 

Karuna,


It is interesting. We will need more details before advising.

For details, contact

 

Nagaraj

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 9902007635

Chirag Bhatt (Lawyer Gujarat High Court)     13 August 2011

Your trade mark can be registered. It is not identical or deceptively similar with trade mark "SKSoft".

and    is there no opposition filed by any other person ? as enough time has been passed.

 

Has Registrar made you informed that your trade make is matching with the earlier registered trademarks ?

 

kindly make a proper inquiry and get it registered.

1 Like

S.S Karunakara (Business)     13 August 2011

Thank You all for your sincere reply,

As on date the status of my application is  appearing ( even after 8 months ) " New Application"  and i have not received any communication from the registrar.

Kindly brief me of the further procceedings which ought to be carried till the Registration Certificate is delivered  to me.( considering the possible scenarios i.e SK Soft Objects or the mark is unique and not similar ).

 

Regards,

Karuna


(Guest)

Firstly SK Livetech and SK Soft are not similar/deceptively similar phonetically and visually. Therefore, no need to worry on that aspect. 

Furthermore, the goods/services dealt in by both may be different. Please log into www.ipindia.nic.in  under Trade Marks, public search and check the mark in class  42.  Also, please wait until you receive the examination report from the Registry.   As i see, there should be no threat to your mark.

1 Like

Rohit Arora (Associate Advocate)     30 August 2011

I agree with the Vedaa Mirazkar adivce. You need not to worry about this. It normally takes 2 years to get your trademark registered. So, be calm.

1 Like

rajshree (student)     24 November 2011

What if the trademark refistered is phonetically similar to another, registered 5 years back? can it still be registered?

-Rajshree

rajshree (student)     26 November 2011

..

Zaara (Law student)     26 November 2011

 

Sir,

But what if the trademark that is phonetically similar is registered, already?  would it be treated as trademark infringement on the other company? Who will have the jurisdiction over such matters,the IPAB? 

Could you help me with case laws on trademarks that are phonetically similar in India as I have been writing a research not been able to find substantial ones.

Thank you

Zaara (Law student)     26 November 2011

Also, do we have laws in India that cover cyber law infringement? like infringemnet in contextual advertising? domain names?


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