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Category: Intellectual Property

How to do a Do-It-Yourself (DIY) trademark pre-clearance search in India

July 3, 2018
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| Categories: Intellectual Property, Trademark

India does not have a first-to-file system unlike China and a prior user of a trademark is in an advantageous position and gets rights over a trademark. Therefore, it is imperative that due diligence measures are taken before choosing a trademark.  A trademark clearance search entails ascertaining trademark-ability, similarity and/or conflicts with pending or registered marks that are phonically, visually or conceptually similar to a proposed mark. A well-done trademark clearance search is critically important and constitutes 65% of the whole trademark registration process. Since the trademark process takes about 6 to 12 months until it is finally registered, an applicant after obtaining clearance from a trademark search can proceed to use the brand name, logo or slogan in the...

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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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Highlights of New Amendments in Indian Trade Marks Rules 2017

March 6, 2017
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| Categories: Intellectual Property, Trademark
Revised Trademark Fee

Over the past five years there has been major improvements in the patent and trademark domains in India, majorly due to its obligations arising out of TRIPS. In 2012, the online submission of trademark and patents were introduced using digital signature, though contrary to online systems developed and implemented in other countries such as USA, UK, AU, wherein no digital signature is necessary. In addition to technological improvements, there has also been extensive recruitment of examiners and administrative staff to expedite and enhance the whole process in general. This 2017 amendment is relatively equivalent to the 2002 amendment, which also had substantial revisions. Application forms and formats Applications have seen a sea change so as to suit them with the...

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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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Reasons why Madrid protocol may or may not suit you?

June 30, 2016
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| Categories: Intellectual Property, Trademark

Madrid protocol is a trademark terminology which is as fancier as it can get and is mostly commonly referred to as international trademark registration.  Indian companies desirous of protecting their trademarks in other countries tend to increasingly incline toward this application system, without fully understanding the risks and benefits of the system.  It is imperative to examine its pros and cons to determine whether it suits your needs before taking this route.  In most cases, Madrid system turns to be costlier than the national or direct filing route. [caption id="" align="alignleft" width="768"] Madrid System[/caption]           Madrid Protocol is an international treaty that enables an application of a trademark to seek registration in any of the countries...

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