Upgrad LLM

trademark query


Hi All

Have read a lot of posts on this forum and found it very useful

Have a query, which is unresolved :

We have registered our company name as Trademark few years back - XYZ Realty

However due to our limited knowledge of what should have been registered and what was put in the application was different.

In due course we were got a registration certificate from TM Registrar  for two applications made

1. XYZ name with our LOGO
and

2. XYZ name with our business tag line 

Both were under class

My question is has my company name XYZ registered independently or I have been given rights to use the name XYZ only with the LOGO we registered or with XYZ only with the business tag line

Appreciate clarity on this and thanks in advance to all forum members for their inputs

Ramprasad Padhi

www.mumbaiproperties.com

 
Reply   
 
Advocate

Sir,

Let me know clearly whether you have received one certificate for two applications or two certificates for two applications. By the facts of the case, I think your company's name is registered with both logo and tag line. Please post the copy of certificate issued from the Registry for further clarification. 


Total likes : 1 times

 
Reply   
 


Advocate

The rights  over the tag line and logo of the Company both vest with the Company after the issuance of certification. Two applications may be made to claim two rights and  payments of fees for both seperately. Otherwise, one can ask for two rights under same application too. The number of applications does not make any difference with regard to rights of the Company. 


Total likes : 1 times

 
Reply   
 
Corporate Commercial & IP Lawyer

 

Dear Mr. Ramprasad,

Ideally you have registered below ones


1) XYZ with your logo

2) XYZ with tagline


When making application, it could have below ones

1) XYZ with logo

2) just Tagline

You have the rights to use XYZ, which is your company name.

Also, you have rights to use XYZ, with tagline.

Incase you change your tagline, at that time you can file for it separately.

 

Thanks

Nagaraj

Trademark Attorney & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 9902007635


Total likes : 1 times

 
Reply   
 
law officer

DEAR SIR,

IF YOUR BOTH APPLICATION REGISTERD YOU USE XYZ TAG LINE ASWELL AS YOUR XYZ LOGO .THERE IS NO ISSUE TO USE COZ YOU ARE THE REGISTERED PROPRIETOR OF BOTH THESE APPLICATIONS.

ADV.GAJANAN

IPR ATTORNEY


Total likes : 1 times

 
Reply   
 

Originally posted by :Suchitra. S
"
Sir,

Let me know clearly whether you have received one certificate for two applications or two certificates for two applications. By the facts of the case, I think your company's name is registered with both logo and tag line. Please post the copy of certificate issued from the Registry for further clarification. 
"

I have recieved two certificates - one with logo and name of company XYZ and one with XYZ name and my Tag line

 
Reply   
 
Advocate

Okay. But still my earlier answer holds good. Your Company has both the rights you had asked for.

 
Reply   
 

Sir, your rights are limited up to your Trade mark Certificate. You cannot go beyond.


But still you have a right to amend the existing trademark as registered or you may file new application for your desired name and logo.

 
Reply   
 

Hi,

I just want to clear one think, if manufacture of vehicle normally sell there products the class 11 and  35 is must. or only 11 is good enough. 

 
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