Raja Selvam

Trademark Application Status “Opposed” - Explained

One of the important statuses in respect of a trademark, shown in the website of the Trademark Office is “opposed,” for the registration of the said mark becomes dependent on the outcome of the said opposition. The term “opposed” means that a third party, has found the mark objectionable primarily…


Trademark Application Status “Marked for Exam” - Explained

The term ‘marked for exam’ implies that a trademark application has been taken up for examination or is due to be examined shortly by the Trademark Office. The term “examination” per se means that the particular trademark would be examined to see if it satisfies and overcomes the objections…


When can I use the ™ or the ® symbol on my brand/trademark?

The popular misconception is that the symbol ™ can only be used after a trademark has been applied for registration and not otherwise. The symbol ™ can be used on a mark that you intend to use as your trademark. In other words you are merely expressing to the general public at large your intention…


Do I need a lawyer to file my trademark application?

The most common question arising now in the minds of people, especially entrepreneurs, is whether it is possible to apply for registering a trademark by themselves, without getting any assistance from a trademark lawyer. The misconception is that trademark application is nothing but a mere filling…


Trademark Application Status “Advertised Before Acceptance or ABA” - Explained

The status “advertised before acceptance” or simply called ABA, implies that the mark has been advertised in the weekly Trademark Journal, though with certain reservations. Once the mark gets advertised, the opposition period of four months begins during which the applicant has to wait and watch to…


Six things that may be stalling your trademark application in India

So you’ve planned and taken all necessary precautions before filing or instructing your Counsel in India to file your trademark application in India and it has been filed, and now you’re waiting. (Also see 4 steps to register a trademark in India – The fast and cost effective way) While the…


Trademarks and Meta-Tags – The match made in Court

Petitioner: People Interactive (I) Pvt. Ltd. Respondent: Gaurav Jerry & ors. Trademark: Shaadi.com Decision making Authority: Bombay High Court Facts: In 1996, Siddharth Mehta launched an online matchmaking, matrimonial and wedding services portal under the name and mark Shaadi.com. Four years…


Restrictions imposed by the Indian Trademark Office for amending your trademark applications.

The issue dates back to 2nd February, 2012 and 8th June, 2012 when the Controller General of Patents, Designs and Trademarks (CG) issued an Office Order No: 1 of 2012 and Office Order No:16 of 2012 respectively, that placed restrictions on amendments that can be made to a trademark application,…


Making the right Trademark “Choice”

Petitioner: Allied Blenders & Distillers Respondent: Shree Nath Heritage Liquor Pvt. Trademark: Officer’s Choice Decision making Authority: Delhi High Court Facts: The Plaintiff had filed a suit for permanent injunction restraining the defendant from selling, distributing, advertising or…


Intellectual Property made easy: Trademarks vs Geographical Indicators

Champagne, Puma, Darjeeling Tea and Ford are known all over the world. A common man would recognize the given names as famous brands. On looking closely it can be realized that the above mentioned names do not belong to the same category. Champagne and Darjeeling Tea can be categorized under…