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trade mark search


 WHAT ARE DIFFERENCE BETWEEN TRADE MARK SEARCH IN  ONLINE AND MANUAL.  TM 54  FORM SPECIFY FEE RS.500 BUT IN ONLINE ONLY NEED RS.400/-. ANY DIFFERENCE BETWEEN THIS BOTH SEARCHES

 
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Lawyer

there is no difference both are same. but my opinion better you opt manual search other online. more details about trade mark please visit http://www.lawdeskindia.com

 

 
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 thanks anzar

i visited your site http://www.lawdeskindia.com   its fine

 
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hi

There is difference, the TM-54 is the official search and it is authenticated and it can be used as evidence before any Court ,tribunal and authorities. But the online search is unofficial we cannot used it as an evidence. It is just an option for the person to do prior search before adoption in quick time. But issuence of the TM-54 takes time.

 
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Hi,

View of Ashok above is perfectly right...........

 
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Advocate Consultant & Trade Mark Attorney

No, there is entirely no difference. As regards fee, one of the reasons may be that in online search, TM registry has to do nothing with the search and the Attorney/Agent does that by himself.

Should you require any other assistance, contact us.

Anand Suman

Advocate, Consultant & Trade Mark Attorney

E- 42 B, Third Floor, Jawahar Park, Khanpur

New Delhi- 110062

Mob: 9958330546

Website: www.anandlegalsolution.com

 

 
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I somehow agree with Mr.Ashok that manual search is always better when compared to online search.  If "NOT FOR LEGAL USE" is stated anywhere on the online search webpages, it implies that this cannot be used as evidence at all.

 
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Lawyer

Dear Friends,

I differ from your opinion that the online trade mark has no legal values and cannot be used in legal proceedings. Because I've personally handled few cases before Tribunal, IPAB and High Court matters where I produced the online search report as evidence and the same was accepted. Moreover, I invite your attention to the recent proposed amendments which favours the omission of TM-54 to promote the online searches in the future.   

http://ipindia.nic.in/tmr_new/tmr_act_rules/TMRAmendmentDraftRule_07September2010.pdf

 
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TAXATION ADVOCATE

There is no difference. But I agree with the views of Mr.Ashok

 
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future lawyer

I strongly agree with Mr.Suresh's views. He has given right answer.

However for time being I can accept Mr.Ashok's line of advice. But as provided by Suresh emil/website links to do online search.

Dear Learned members please understand the subject matter here, that online search is not an unofficial search, the online search is provided by Govt of India through website of Registrar of Trade Mark. It can be done from avilable data or records from Registrar not by thridy party.

The difeerence is very simple when your search done by your Agent then it cannot be produced as an evidence at any Court in India. If you done search through IPAB website then it can be produced as an eltorinic evidence.

Without understading the topic we should not override the member sir.

 

Mr,Suresh has given good answer but he dis not able clearifiy it.

Sir TM-54 does not arise here the author just asked difeerence between online search and Manual search. He never ask whether online search can submit in the Court. I think Mr.Ashok totally twisted the subject matter without understding the issue. 

 
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