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Category: Trademark

Things to look for when using Madrid System in India – National System vs Madrid System

August 3, 2013
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| Categories: Intellectual Property, Trademark

[caption id="attachment_329" align="aligncenter" width="520"] Madrid-WIPO[/caption]   While it is indisputable that Madrid Trademark System brings a host of advantages for applicants wanting to register their trademark across the globe, there are a few things to be taken in to consideration to chose whether Madrid System would suit you. If you are only looking to register your brand only in a country or two, then you may have to think twice before choosing Madrid System as you may end up spending a lot more than you should. For example, if you want to get a trademark only in US, then you are better off using the national system, as opposed to Madrid System. To get a trademark in US using Madrid...

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How to avoid trademark objections in India?

June 15, 2013
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| Categories: Intellectual Property, Trademark

Trademark Objections Trademark objections are increasingly becoming common these days because of various reasons; one main important reason being lack of awareness among applicants and counsels who file applications.  Objections are raised by trademark examiners in the following circumstances: Trademarks that are not distinctive in character and not capable of distinguishing the goods or services of one person from those of another person, and consists of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services and consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices...

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What is next after trademark application? How to use trademark symbols in India?

May 8, 2013
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| Categories: Intellectual Property, Trademark

After much contemplation, you now have successfully filed your trademark application and next what?  Okay, it is time to show-off or cause notice to the public regarding the usage of that trademark.  Let us see how and why we should do so. Why and how to use trade mark symbols? The symbols ®, TM and SM provide notice to the world that you are claiming trademark rights in any mark using these symbols. You may use the TM on marks identifying goods, and the SM on marks identifying services as soon as you have filed the application and allotted with an unique TM application number. You need not have a registration to use the TM or SM symbols. However, the...

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Almost 30K TM applications pending before Trademark Registry, India

May 6, 2013
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| Categories: Intellectual Property, Trademark

As many as 30,221 applications are pending for issuance of trademark registration certificates due to shortage of manpower, Parliament was informed Monday. "Pendency in issuance of registration certificates for applications found fit for registration as on 30th April is 30,221. The main cause of the backlog in issuance of registration certificates is insufficient manpower due to vacant posts," Minister of State for Commerce and Industry, D Purandeswari said in a written reply to the Lok Sabha. She said that at present, 56 of the sanctioned 130 posts relating to Trade Mark Registry are lying vacant. The minister informed that the Office of the Controller General of Patents Designs and Trademarks has 11 offices in five cities. Of these, four are...

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Protect your trademark internationally from India, India Joins the International Trademark System

April 9, 2013
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| Categories: Intellectual Property, Trademark

India’s Minster for Commerce and Industry Anand Sharma today deposited his country’s instrument of accession to the Madrid Protocol for the International Registration of Marks at WIPO, bringing the total number of members of the international trademark system to 90. The treaty will enter into force with respect to India on July 8, 2013. The Madrid System for the International Registration of Marks (Madrid system) offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally. Minister Sharma said “We recognize that this instrument will provide an opportunity for Indian companies, which are increasing their global footprint, to register trademarks in member countries of the Protocol through a single application, while also...

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Protecting your software or application name in India?

March 6, 2013
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| Categories: Intellectual Property, Trademark

Planning, designing, developing, implementing and deploying a software application is a herculean task, let alone the money and efforts spent in advertising, branding and marketing.  Therefore, a software application may look simple, efficient and user-friendly to the users, but does have a lot of monetary and human efforts behind it. A software developer is successful when his work is recognized and appreciated by his customers and more importantly when they give due credits to his works by purchasing it through legal means.  This is at the end-user level.  What about mischievous competitors or hackers or competitors who may involve in acts such as creating serial keys, counterfeiting, distributing through peer-to-peer networks, etc. Ways to protect to your software? Patents - Patents can prevent a competitor...

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