trademark use
Standard of Proof of Use: A Practical Guide To Win Over Hearing Officers
In India, a trademark application can be filed either on a "proposed to be used" basis or by claiming prior usage of the mark in India. In view of opting to file an application based on prior use, an Applicant is required to include a User Affidavit along with their Form TM-A at the time of filing…
Subsequent trade mark owner can claim 'date of first use' of its predecessor
The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff's registered mark M-SEAL. The Court found that the defendant had obtained the…
The dire need for a Post Registration Trademark Audit Program in India
The USPTO’s Post Registration Audit Program Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. Consequently, a mark may be selected at random, and an audit may be carried out…
FAQ's about USE of a trademark in India
Concept of USE of a trademark in India - Frequently Asked Questions The “USE” of a trademark in India plays a very important role in obtaining the registration of a trademark in India, prevail in opposition proceedings and to effectively enforce the rights of the trademark in India. In this post,…