Raja Selvam

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…


Hiring distributors to sell your products in India? IPAB advises constant vigilance

The facts narrated in one of recent orders of the Intellectual Property Appellate Board (IPAB) send out one clear signal: constant vigilance! What is the case about? Pasco Sports (Pasco) traded in sports related goods and claimed to have adopted and used the trademark PAMA since 1994. Between 2002…


Trademark : One for all, all fight over one.

Petitioner: Mr. DarshanKumar Respondent: Mr. Ranjit Kumar Sharma (Respondent 1) and The Registrar of Trademarks (Respondent 2) Trademark: BAWA/BAWA FEED Decision making Authority: IPAB Facts: The Petitioner Sri Darshan Kumar started a partnership firm along with Sri Ranjit Kumar Sharma (Respondent)…


Trademark Application Status "Exam Report Issued" - Explained

Many a time, the online status of a mark shows ‘ exam report issued ,’ perceiving which, one might assume that it implies ‘issuance of examination report’ post examination of the mark. But in reality, the said status is being used by the Trademark Office to denote that the mark has been ordered to…


Trademark application status 'Objected' Explained

The term 'objected' implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the…