Why your trademark could be refused?

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

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TRADEMARK OBJECTION Vs OPPOSITION IN INDIA– EXPLAINED

It is a common misconception among the general public that trademark registration just begins and ends with filling up a form (TM-1) and submitting it before the trademark office.  Contrastingly, a trademark application goes through several stages before it is finally registered, and in some cases, even after registration, revocation or cancellation proceedings are initiated by third parties under several grounds. In other countries, objection and opposition are used interchangeably.  However, in India, they denote different type of proceedings.  Objection is instituted by trademark examiner and opposition, by a third-party. What is objection? Objection is a preliminary refusal issued by the trademark examiner after examination of your application.  Some common grounds for objection are a) lack of distinctiveness (Section 9)...

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Silly: Company sues WB for using its trademark in movie

If you are one of those who watched the movie, The Dark Knight Rises released in 2012, you will find this post a bit interesting and be able to understand the rationale behind this blog. Usual blah blah Trademark and other kinds of intellectual property are not new to India, but India is yet to witness some of the silliest trademark trolls in the upcoming days.  A more common objective for business owners and start-ups to get their marks registered is to mainly use the trademark symbols TM and R and to prevent others from using it.  The concept of monetizing is still in its infancy and is not popular or amusing for businesses. No claim can really be silly...

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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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The “Reddy” trademark case – Must read for new biz start-ups

Name Infringement Yet another classic case here tells us why it is imperative to do a thorough search to look for any trademark infringement before finalizing name for your new venture.  Getting your company registered with Registrar of Companies/Ministry of Corporate Affairs may not give you all the rights you should get over your company's name, mainly because MCA has not been exercising its powers diligently by raising objections when someone tries to register a company consisting of a registered trademark of a third party. We also wonder should there be a reverse process ? Time and again we emphasize the real need for exploiting a trademark in trade and commerce to the fullest potential possible to strengthen your mark, which...

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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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