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Category: Branding

Top 7 reasons leading to objections in a trademark application

April 8, 2018
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| Categories: Branding, Intellectual Property, Trademark

Top 7 reasons leading to Objections in Trademark Application   Trademark Proceeding – Quasi-judicial in nature Applying for a trademark may seem quite straightforward and simple when one sees the trademark application (TM-A or its previous form TM-1).  It is common for clients to wonder why lawyers specialising in trademarks (not general law practitioners) charge a significant professional fee for such a simple process.  Clients also tend to compare the trademark application process as that of applying for a PAN card or any statutory license.  Applying for a trademark, i.e., securing your brand name, is no less a legal process than acquiring an immovable property.  As a matter of fact, a trademark is a form of intangible property, i.e., intellectual...

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How registering in Amazon Brand Registry keeps counterfeits at bay

March 7, 2018
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| Categories: Branding, Copyright, Domain Name Disputes, ecommerce, Intellectual Property, Trademark

Amazon Brand Registry has been there for quite some time but in several other forms.  This has undergone a drastic revamping in the later part of 2017. In the era of internet, brand names are more prone to hijacks and deliberate confusion created by counterfeiters than it is in the offline marketplace. Almost every e-commerce company has its intellectual property protection policy in place to offer protection to its vendors and affiliates, but often face great challenges when it comes to cases of parallel importation and infringement. Amazon is not an exception to it, and sellers who sell their products on Amazon also encounter a plethora of issues that pose significant challenges in sales and marketing. Issues are plenty, ranging...

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Whether it is correct to use registered trademark ® symbol without registration?

July 9, 2016
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| Categories: Branding, Intellectual Property, Trademark

  Trademark registration involves several stages from application to publication before it is finally registered (see our earlier post on stages involved).  It takes upwards of 12 to 18 months for a trademark to attain registration in India, provided that there is no objection or opposition. Symbols such as TM and ® are used by trademark owner to caution general public that the mark is a registered trademark. There is no legal impediment to use TM symbol while a trademark application is pending, but to use a ® symbol one must have a valid registration. There is common misconception among significant number of population that it is okay to use ® symbol without a valid registration.  Trademark applicants tend to use...

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En-masse orders of abandonment of TM applications stayed by Delhi HC

April 12, 2016
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| Categories: Branding, Intellectual Property, Trademark

Subsequent to the public notice dated 04/04/2016 issued by the Trade Marks Registry regarding en masse abandonment of TM applications for non-filing of response to examination reports, wherein applicants and/or agents were asked to send their representations to the registry via email before 30/04/2016 for further action, now the Registry has issued another notification wherein it stated that all order of abandonment issued after 20/03/2016 are being kept at abeyance and have asked the applicants/agents to file their responses. The notification stated that, “Now that Writ Petitions WP (C) 3043/2016 & 3067/2016 were filed before the Hon’ble High Court Delhi and the Hon’ble Court vide their order dated 05/04/2016, has stayed the orders of abandonment passed by the Registrar on...

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Types of trademark objections in India by trademark office

January 30, 2016
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| Categories: Branding, Trademark

Given the widespread awareness of benefits of trademark registration at a global level, most business owners contemplate securing a trademark registration for their brand name prior or after launch.  Statistically speaking, one a miniscule percentage of business entities are able to exercise exclusive monopoly rights over their trademark even after registration and such advantage is only available to registrants of highly distinctive, arbitrary and fanciful marks. A good trademark is a mark that is arbitrary, invented, and fanciful marks that are highly distinctive, e.g., Pepsi, Canon, Kodak. Common rejections by trademark office It is appalling that less than 20% of trademark applications proceed straight to registration without receiving a preliminary objection or refusal by the trademark examiner.  Two most common...

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