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Tag: india

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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Why trademarking your domain name in India is a must for online-only businesses and service providers?

March 23, 2013
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| Categories: Uncategorized

New Business Trends Going online or taking your business online is the new mantra adapted by a number of business entities for several reasons.  The name of your business is an integral link to your customers or clients and that they use your brand name or domain name to locate your website through searches or link to your website.  This applies to your existing customers and prospective customers.  Lot of businesses provide specific services through online which vary from providing storage space to placing orders. [caption id="" align="alignleft" width="275"] Trademark your domain name in India[/caption] Do you really need to obtain trademark of your domain? The main objective of trademarking a domain name is to provide you with legal recourse...

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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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How to register trademark, service mark, logo in India

February 22, 2013
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| Categories: Uncategorized

Trademark Registration in India What is a trade mark? A trade mark is a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. What are the legal requirements to register a trade mark? The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate...

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Why you should hire a lawyer or attorney for trademark?

February 22, 2013
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| Categories: Trademark

Filing a trademark has been increasingly becoming easier and the process is constantly evolving to get more transparent than it was.  Obtaining a trademark involves several steps which are crucial and some may seem mere documentation but they are not. Technically, a proprietor, a trademark agent or an constituted attorney can submit trademark applications.  Although submitting a trademark application may seem simple, the impact this has on rest of the whole registration process is significant and decides the end result. Process flow of trademark  published in Official Indian Trademark Registry Website [caption id="" align="aligncenter" width="636"] Process Flow of Trademark In India (Source: IPIndia.nic.in)[/caption] Process Flow of Trademark Registration in India As you can see, the first step involves submitting the...

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How do you feel when someone takes credit for your work?

February 20, 2013
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| Categories: Intellectual Property

How do you feel when someone takes credit for your work? It is not uncommon at work for your subordinates, co-workers, immediate supervisor, or boss, to take credit for the work you have burned the calories and spent sleepless nights for. When this happens during the course of your employment, you may choose to ignore this as you may end up at the least gaining some experience, if at all anything and at worst, there is another job out there. But what happens when you are an inventor or a business owner if someone uses your brand or business name or brain child for commercial gains? Can you take this lightly? Certainly not, right? How to register your trademark? If...

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