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Trademark Registration Tag

BananaIP Counsels > Posts tagged "Trademark Registration"

Understanding Trademark Registration Procedures in the Maldives

This image reads Trademark. This post is about interesting development in Trademark law. Click on the image to read the full post.

This post was first published on October 15, 2014.

 

The Intellectual Property Regime in the Republic of Maldives, the smallest Asian country in population and in area, is an interesting study. In order to comply with the TRIPS Agreement, the Maldives Government (referred to as GOM) enacted the Copyright Law in April, 2011, and thereafter spread public awareness of Copyright Law through TV and radio programs, Government announcements, school events and meetings with relevant media and entertainment sector associations.

It is important to note that GOM does not have any specific legal infrastructure to protect Trademarks. However, GOM is currently working on bills regarding Trademarks and Geographical Indication, with the assistance of WIPO. GOM recently established an IPR unit within the Ministry of Economic Development, but has not yet signed international agreements or conventions on Intellectual Property Rights.

Court Re-Emphasizes the Exclusion of Generic Terms from Registration

The image depicts the Madras HC.

This post was first published on March 30, 2012. Recently Madras High Court has delivered a very interesting judgment on trademark infringement and passing off in the case of Rhizome Distilleries Pvt. Ltd Vs. Union Of India & Others on 16 February, 2012. The suit has been filed by Rhizome Distilleries Pvt. Ltd against four different Respondents. They are- 1. Union of India,  2. Intellectual Property Appellate Board,  3. The Registrar of Trade Marks,  4. Pernod Richard S.A. The petitioner company is a bottling and blending unit, which possesses recognized liquor brands in the market capturing middle and lower segments in the name...

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Grounds for Refusal of Trademark Registration – Part III

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was first published on 8th July, 2014.   In today’s post, we’ll be talking about Section 9(3), thereby concluding one half of the series, i.e., absolute grounds for refusal of registration of trademarks. Section 9(3) talks about the registrability of the shape of goods. As per the provision, a mark shall not be registered as a trademark if it consists exclusively of: Shape of goods which results from the nature of the goods themselves; Shape of goods necessary to obtain a technical result; or Shape which gives substantial value to the goods. The primary object of this provision is to ensure that...

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Trademark Registration process – Part II

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on 7th July, 2014.   In continuation to my previous post, this post is with regard to trademark search and classification of different classes. A trademark search is required to be conducted prior to filing for registration of the mark. The purpose of conducting a trademark search is twofold: To understand and analyze the registrability of a trademark: The results yielded by a trademark search are used to understand the probability of registration of a particular trademark. The presence of a higher number of potentially conflicting marks indicates that there is a higher chance of receiving objections for...

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An In-Depth look at the Trademark Registration Process- Part 1

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on 2nd July, 2014.   A trademark is a sign that is used to identify goods and services as those produced or provided by a specific person or enterprise. It helps in distinguishing those goods and services from similar ones provided by another. For example, ‘Apple’ is the trademark that identifies goods and services manufactured and distributed by Apple Inc. The object of trademark law is to deal with the precise nature of rights, which a person can acquire with respect to trademarks, the mode of acquisition of such rights, the method of transfer of those rights to...

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An In-Depth Look at the Trademark Registration Process – Part IV

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on July 10, 2014.

 

Now that we have had a look at the trademark filing process in the previous post, we will move on to discuss the trademark examination process.

The process followed in the trademark registration process may be seen in the flow chart below (please click on image to view clearly):

Grounds for Refusal of Trademark Registration – Part 1

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was first published on 2nd July, 2014.   A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include: It should be a mark It should be capable of being represented graphically It should be capable of distinguishing the goods or services of one person from those of others Apart from these requirements, a mark should not fall under any grounds for refusal of registration...

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What NOT to DO While Applying for a Trademark

The image depicts the REGISTERED logo

  This post was first published on 22nd June, 2012.   1.    Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to. 2.    If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will be a good idea, i.e if you are selling oranges then the trademark you should adopt is ORANGE. 3.    Have you...

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An In-Depth Look at the Trademark Registration Process – Part III

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on July 07, 2014.

 

In furtherance to the earlier post, related to trademark classification and search, we will now discuss the trademark filing process.

The procedure for registration of trademarks is contained in Section 18 to 26 of the Trade Marks Act, 1999 and Rules 25 to 62 of the Trade Marks Rules, 2002. A trademark application should be filed in the office of Trade Marks Registry within whose territorial limits the principal place of business of the applicant is situated. In case of applicants who do not have a physical place of their business in India, the application should be filed in the office within whose jurisdiction the applicant’s address of service is located. State-wise jurisdictions for filing a trademark application are mentioned below:

Should Every Business get a Trademark under 35?

The image depicts the number 35.

This post was first published on 12th March, 2012.   Recently, an entrepreneur came to me for advice on obtaining trademark protection. The man said he runs a software development and services company and he found a competitor running a similar business in USA under a trademark that is identical to his. As a prior user, he wanted to protect his trademark but was unsure of what trademark classes he should apply under. I advised him to file applications under Class 9 for software products and Class 42 for software services and also told him he could consider filing applications under Class 16...

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