Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

I wish there was an easy answer. Unfortunately there isn’t. Indian Trademarks Law allows filing of multi class applications. If you are using a counsel you may be advised by your counsel to file single class applications, not because he wants to bill you more; because the benefits of single class application outweighs few bucks saved by filing a multi class application.

If you had filed your trademark application on paper in India with specification of goods or services exceeding 500 characters and if an application requesting inclusion of additional characters was not filed at the time of filing the new application for registration of your trademark, a TM-61 alert will be displayed on the online status page of the Indian Trademark Office as shown below.

A trademark that has been registered is valid for the goods or services that it has been applied for.If I file a trademark WONKZOO for legal services, aside from the fact that I may be committing professional suicide I need to decide which class of goods I have to file the trademark in. A trademark can be applied for, in one or more classes.Figuring out what specifications to apply the trademark for requires a certain amount of planning and thought.

An application for registration of a trademark in India can be filed by either claiming use of the trademark in India or on a proposed to be used (intent to use) basis. Subsequent to publication and in the absence of opposition the application would proceed towards registration. Unlike in the US, proof of usage of the mark in India is not a pre requisite to the grant of registration of the trademark. The usage claimed in the application needs to be bona-fide and supported with documentary…

While the Indian Trademark Office has been constantly trying to complete the mammoth task of clearing several thousands of trademark applications pending before it at various stages of prosecution, fulfilling the following steps would help you to protect your trademark in India quickly and cost effectively.

While we are all excited about India becoming a part of the Madrid System on July 08, 2013 there are serious concerns on how the Indian trademark office already struggling with delays and quality of examination going to cope up with the new international applications. Among other issues such as Central Attack and whether an application can be filed in India by a foreign lawyer the following are some practical issues that the Government should have looked into before giving false hopes.

After a long wait, we have the names of the winners of the Blogging Competition. Congratulations are in order for:

Trademark law is incongruous, and it fails to manage all the interests at stake in the avant-garde business environment. Trademark professionals worldwide have turned their attention to the power of social media and its effects on trademarks and brands. What was once considered to have a benign impact on brands is now a challenge to overcome for many trademark owners. The challenge for trademark owners in social media environments is not so much brand confusion, but rather in dealing with and…

A spiritual man’s trademark is his true belief in God. But what if the man tries to trademark the God he believes in? Imagine waking up in a world where Trusts have exclusive right over images of popular deities; getting booked under s. 29 of the Trade Marks Act, 1999 (hereinafter TM Act 1999) for selling an idol of Lord Hanuman or being unable to purchase a Shri Ganesha calendar from your local vendor because the image is trademarked by a specific company. The question arises - is this really…

The concept of trademark series is relatively new in the arena of Intellectual Property Law. The development of this species of trademark has recently gained pace, and is expected to provide a whole new level of trademark protection for the world’s big and small industrial houses. Though most nations have a provision or two regarding the registration of trademark series, in the trademark law operating within their respective territorial limits, including India,Bridge/Bainbridge decision of the…