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Tag: IPAB

Incomplete Protection is No Protection– Are you conservative in trademark registration?

November 3, 2013
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| Categories: Intellectual Property, Trademark

I want 100% Protection in one application! – Are you trying to make a fortune out of me? Every trademark lawyer in his career would have faced these statements and questions a numerous times from his clients, “I do not want to spend too much on trademark registration” “Can’t I just protect my mark in one application?”, “Why do you want me to file separate applications?” A client’s state of mind is quite obvious here and perfectly understandable. When approached by our clients, we normally explain them all the legal options available to ensure complete protection. For example, for a food product (FMCG), we normally suggest that separate applications be filed for trade dress, word mark, etc. to get complete...

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“Use it or lose it” if you are not using your trademark after filing, you must read this!

September 1, 2013
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| Categories: Intellectual Property, Trademark

Use it or Lose it - Trademark   Intellectual Property (IP) rights in itself is a negative right.  Unlike other kinds of intellectual property such as Patents, Copyrights, Designs, Trademark is the only right that one can have in his possession for his lifetime when in use and renewed. [caption id="attachment_343" align="alignright" width="227"] Use the trademark or lose the trademark[/caption]   This simply means a registered trademark can be renewed every 10 years by paying prescribed fees and the trademark owner shall continue to exploit his rights over the usage for perpetuity.   However, this comes with a stipulation of continued usage in trade and if you do not use your mark for a reasonable period of time even after registration,...

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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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