Bad faith trademark registrations – Don’t sit on it!

Registering a trademark in bad faith The literal meaning of bad faith is, “intent to deceive or mislead another to gain some advantage; dishonesty or fraud in a transaction.”  It is an undisputed fact that intellectual property is a negative right and is built on pride and reputation. There are always wrongdoers and law breakers who try to capitalize on reputation and goodwill of a popular trademark for their own benefits. [caption id="" align="aligncenter" width="369"] Source: http://cdn.cultofmac.com[/caption] Trademark Legal Provisions Section 11(10)(ii) and Section 47(1)(a) specifically deal with trademark registrations under bad faith and or without bona fide intention to use the mark. Section 11(10)(ii) - While considering an application for registration of a trade mark and opposition filed in...

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Why should your trademark be unique and distinctive?

Our personal experience It has been quite an interesting journey for all of us since we started our career into intellectual property.  Each of our lawyers encounter on a day to day basis clients from different levels and parts of society involved in different businesses. Counseling and brainstorming a client is quite a task which consumes seventy percentage (70%) of our lawyers' time before proceeding with a trademark application.  We must admit that we, at our very best, manage to convince 60% of the clients to not go for marks that are directly or indirectly infringing on existing registered marks or well-known trademarks. Some clients are persistent on their stance even when advised by us about the potential consequences of objections...

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