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Tag: trademark

Whether it is correct to use registered trademark ® symbol without registration?

July 9, 2016
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| Categories: Branding, Intellectual Property, Trademark

  Trademark registration involves several stages from application to publication before it is finally registered (see our earlier post on stages involved).  It takes upwards of 12 to 18 months for a trademark to attain registration in India, provided that there is no objection or opposition. Symbols such as TM and ® are used by trademark owner to caution general public that the mark is a registered trademark. There is no legal impediment to use TM symbol while a trademark application is pending, but to use a ® symbol one must have a valid registration. There is common misconception among significant number of population that it is okay to use ® symbol without a valid registration.  Trademark applicants tend to use...

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TM5 – a new framework by key players in trademarks

October 3, 2014
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| Categories: Intellectual Property, Trademark

The TM5 is a conglomerating of the world’s top five trademark offices 1) China’s State Administration for Industry and Commerce (SAIC) 2)  Europe’s Office for Harmonization in the Internal Market (OHIM) 3)  the Japan Patent Office (JPO) 4) South Korea’s Korean Intellectual Property Office (KIPO) 5) the United States Patent and Trademark Office (USPTO). These offices reportedly account for 70 percent of all trademark and design applications worldwide. The TM5 grew out of the Trademark Trilateral, a cooperative framework of the JPO, OHIM and the USPTO that was formed in 2001.  After expansions in 2011 and 2012 to include KIPO and SAIC, respectively, the group has had gradually evolved into its present form. The tmfive.org website contains the history and objectives of...

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Check our application status at ease now, thanks to Indian Trademark Office!

June 7, 2014
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| Categories: Intellectual Property, Trademark

Over the past months we have been writing periodically about the digitization process happening at the office of Controller General of Patents, Designs and Trademarks (CGPDTM) (here and here), more specifically about trademarks.  Now, the Indian trademark registry has made available yet another online dashboard utility named as “Stock and Flow of Trademarks” to show the flow of applications. The previous utilities failed to show the exact status of applications, for example, whether an application is on the way to publication or registration after examination, etc.  Applicants, agents and attorneys can now more closely monitor their applications and prepare themselves for appropriate proceedings without taken by surprises.  This tool is pretty straightforward and simple to use, although clearly lacks sophistication...

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Trademark objections at its peak at 98%

January 16, 2014
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| Categories: Intellectual Property, Trademark

It is not unusual for a trademark practitioner who have practiced before other jurisdictions to notice that the percentage of objections issued by the Indian Trademark Office is extremely higher when compared to other trademark offices such as USPTO, IPO, IP Australia, EU. [caption id="attachment_306" align="aligncenter" width="420"] Trademark Objection In India[/caption] We randomly picked a few monthly objection lists involving around 1000 applications from Classes 30 and 35 from 2013 and 2014 for a quick analysis. Around 98% of the application are objected at first instance. To our surprise, we discovered that about 98% of the trademark applications were objected at first.  We also observe that almost same percentage of objections are posted for hearing, albeit a detailed, well-drafted and comprehensive...

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Trademark Bullying – are you being bullied?

October 25, 2013
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| Categories: Intellectual Property, Trademark

What is trademark bullying? Bullying, in general, means an act of intimidating a weaker person to do or not to do something.  This term is quite familiar to most of us, especially in the context of school, colleges, workplaces, etc.  Bullying seems to be an epidemic and has invaded the trademark industry as well.  Normally, well-informed clients and/or attorneys do not engage in this behavior. Trademark bullying, in our own words, means a form of threat, instigation, or communication initiated by, in most cases, a registered trademark owner against others who generally may not be registered owners, to do or to stop doing something that is, without any reasonable cause, likely to or is infringing the trademark of registered trademark...

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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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