Category Archives: Trademark registration

Who can register trademark in India

Trademark enrollments are generally used to safeguard brands or trademarks or begat words that are exceptional to an individual or substance. As a result, individuals, businesses, and non-profit companies can register trademarks. In any case, every one of the different classes of people or elements has various necessities while documenting a Trademark application. Based on the type of applicant, we have to examine some of the requirements for filing trademark applications. In this blog, we are going to see who can register a trademark in India.

An Individual (Person) 

A person who is not a business can also apply for a trademark and get a trademark registration in Chennai for a word or symbol that they want to use in the future. The applicant’s full name is the main requirement when filing a trademark application as an individual.

Joint Proprietors

If  two people meet up and choose to document a Trademark application, then the names of both individuals should have reference on the Trademark application. This is done to get Trademark registration in Chennai.

Proprietorship Firm 

When a proprietorship firm submits a trademark application for trademark registration in Coimbatore, the Proprietor’s full name must be included. A proprietorship or business name should not be used as a person’s name. 

This is because proprietorship firms are not their legal entity, and a business name or proprietorship name is more like an alias for the actual person. 

However, in addition to the individual applicant’s name, the business or proprietorship name that is included on the application will be recorded separately. This is done for trademark registration in Madurai.

For instance: 

Vikas Kumar, an Indian national operating as G3 Enterprises, is a partnership firm. When a partnership firm applies for a trademark, the names of all partners must essentially be included in the application. 

Since partnership firms are not considered separate legal entities, the trademark application for trademark registration in Coimbatore must include the names of all Partners. 

If the company firm remembers a minor for the company, the name of the gatekeeper addressing the minor ought to likewise be referenced.

Example: Trading as M/s. are Mahesh, Malini, and Prashanth. Under the Indian Partnership Act of 1932, Gaini Enterprises is a registered Indian partnership firm.

Limited Liability Partnership 

The trademark registration application to have trademark registration in Bangalore for a Limited Liability Partnership must be filed under the LLP’s name. 

Because it is a legal entity, an LLP has its own identity. As a result, the Partner cannot apply on their own; the LLP must own the trademark through trademark registration in Madurai.

Example: The Limited Liability Partnership Act of 2013 granted registration to WoHa Industries LLP in India.

Indian Company 

The trademark registration application to have trademark registration in Bangalore for a private limited company, one-person company, or limited company must be made under the company name. 

A director of a company cannot be the applicant because the company is an incorporated body with its own identity other than its directors. 

However, the application for trademark registration in Salem can be signed and submitted by the director or any officer authorized by the company.

Example: The Indian Companies Act of 2013 granted registration to G3 Industries Private Limited.

Foreign Corporation If a foreign corporation files a trademark application in India, it must do so under its corporate name, as it is registered in the foreign country. Be mentioned are the nature of the registration, the country of incorporation, and the law under which the company is registered. 

Assuming the foreign company has no principal business environment in India, the candidate’s location for administration in India ought to be referenced in the application.

Example: Aspire Media LLC is a limited liability company that is registered under the Florida Revised Limited Liability Company Act in the State of Florida, United States of America.

Trust or Society 

The name of the Trust or Society’s Managing Trustee, Chairman, or Secretary should be mentioned when a trademark application is made on their behalf. The trademark registration can be done through trademark registration in salem.

Example of trust: Unity Trust, a trust that is represented by Mr Ashok Kumar, its managing trustee, and is registered in India under the Indian Trust Act of 1882.

Example from Society: Unity Society, a General public enrolled in India under Maharashtra Co-employable Social orders Act through its secretary Mr Ashok Kumar.

Trademark Assignment

When a trademark registration that has trademark registration in Cochin is assigned, ownership of the trademark is transferred. When a trademark is licensed, the trademark’s proprietary rights remain with the original owner, but only a few limited rights to use the brand are granted to a third party.

Essential to the success of a trademark assignment:

While the requirements for an assignment may differ from country to country, the following are generally required elements for an assignment to be successful:

To be in Writing: This assignment agreement must be written, detailing the parties’ rights and responsibilities as well as other information.

Two Parties: At least two parties—the assignor and the assignee—are necessary for an assignment to be made.

Identify the mark that will be assigned: In the Assignment Agreement, it is essential to specify the mark that will be assigned.

The amount of consideration that must be specified in the agreement must be given in exchange for an assignment.

The date on which the assignment will take effect must be specified in the assignment agreement.

Goodwill: Whether the assignment is to be made with or without goodwill must be specified in the agreement.

Types of Assignment

• Complete Assignment
• Partial Assignment
• Assignment with Goodwill
• Assignment without Goodwill

Complete Assignment

In the event of a complete assignment, the Trademark Proprietor/Brand moves every one of its freedoms to another substance. 

Including the right to earn royalties and continue transferring the trademark owner cannot keep any rights associated with them after they have completed the assignment. The trademark can have trademark registration in Cochin.

Partial Assignment

The holder of a trademark that has trademark registration in Salem transfers limited rights to specific goods or services in the event of a partial assignment.

Assignment with goodwill

The right to and value of the trademark that has trademark registration in Trichy as it is associated with the product are also transferred in the event of an assignment with goodwill. 

The goodwill acquired by acquiring such a trademark can also be used to sell other products.

Assignment without goodwill

The trademark owner who has trademark registration in Trivandrum transfers all of his rights to the product, except goodwill, in the event of an assignment without goodwill. 

The purchaser has prohibition from using the brand’s trademark on any other product it manufactures that is owned by the original owner. 

As a result, the buyer does not receive the brand’s goodwill for the product that is already being sold under that brand.

Prohibited Trademarks

Although coming up with an innovative and original trademark which has trademark registration in Trivandrum that sets you apart is a task in and of itself, the theory of elimination can make it easier by revealing which marks are completely denied protection.

One such arrangement of imprints that would be denied enlistment is ‘precluded imprints’ that are examined in this article. 

Terms, symbols, or groups of words that are prohibited by law from being registered through trademark registration in Hyderabad are known as prohibited marks. The Trademark Act of 1999’s sections 9, 13, and 23 specifically forbid the registration of such marks as trademarks.

The sole grounds for refusing trademark registration are outlined in Section 9 of the Trademark Act of 1999.

 Clause 1

a). If they are not distinctive:

Trademarks to have trademark registration in Trichy must follow the rules that are given below.

Words that are so commonplace that the customer would not be able to recall them in any particular way. For instance, general English words like “red,” “blue,” and “tree” have no additional meaning.

(Windows is a common English term, but its secondary meaning emerged after the company established a distinct market reputation.)

b). If they are typical of the industry or production of the good or service and are suggestive or descriptive of the product’s quality, purpose, or location. Best Rice, Delicious Bread, Whole Foods, and so on

c). If they are generic terms that could result in unfair competition for any trade that is similar, or if they are words that refer to common practice or customary to the trade of such goods or services, For instance, “Ivory” refers to those who work with elephant tusk products, and “Chandan” refers to those who work with sandalwood products.

Clause 2

a). Through misrepresentation of the source or the characteristics of the product, it either aims to defraud customers or creates confusion among them.

For instance, if a different clothing company uses the moniker “Duma” with a panther as its logo, it would be very similar to “Puma,” just as it would be similar to using “Bilseri” instead of “Bisleri” on water bottles.

b). if it contains any terms or has implications that could hurt any Indian citizen’s religious feelings. It is essential to keep in mind that while calling Gods or Goddesses by their names does not have consideration to be offensive, it would be rejected if they were used in a manner that was objectionable or to make associations that could cause offensive reactions.

[The Central Government’s notification under section 23(1) of the Trademarks Act, 1999 prohibits certain images and names of God, Goddess, and religious heads from receiving trademark protection. These are as yet appropriate and refusal under this segment would likewise be valid.]

c). Registration through Trademark registration in Hyderabad will be denied if it uses any term or word that is morally objectionable because of its potential to incite criminal behavior or to discriminate against any group or citizen.

d). If the Emblems and Names (Prevention of Improper Use) Act of 1950 prohibits the use of any term, symbol, or word. The schedule of the Act contains all of these restrictions, and the Central Government has the authority to add to them. While the Act’s Sections 3 and 4 forbid the names and uses of emblems. These aspects are considered to have trademark registration in Karur.

      Clause 3

a) The good’s shape is a natural consequence of the good itself. This rule is followed to have Trademark registration in Erode.

For instance, the shape sphere for the ball cannot have registration.

b) The shape is a need to accomplish the ideal outcome. For instance, the shape of a razor that improves the experience of shaving would not have registration. Continue reading: Remmington v. Phillip).

c) The product gains substantial value from its shape. Due to its shape, designing a chair for toddlers with attached rattlers could add significant value.

Chemical elements and international non-proprietary names cannot be registered through Trademark registration in Karur as names under Section 13 of the Trademark Act.

Clause a) forbids referring to chemical preparations or substances by commonly used names for a single element or accepted single chemical compound.

Clause b) forbids names that have declared as international non-proprietary names by the WHO and notified by the registrar, as well as names that are similar to those that could deceive.

Section 23 (1) of the Trademark Act prohibits the registration of trademarks notified by the central government to refuse trademark protection—even those symbols that are universally recognized as associations to the medical or healthcare industries, such as the Red Cross, the White Cross on a green background, or those mentioned in the Geneva Convention Act of 1960.

A list of notified prohibited trademarks, according to the Central Government’s Manual of Trade Marks, Practice, and Procedure [1], includes:

“1. The official UNO Seal and Emblem, the letters “UNO,” and the words “UNITED NATIONS.”

2. The Indian government owns a device that shows an arrow hitting the ground.

3. The initials “N.C.L.”

 4. If applied by someone other than the Indian Standards Institution, the letters “I.S.I.”

5.  The letters “I.C.S.” The letters “N.P.L.” are Words like “ASHOK CHAKRA” or “DHARMA CHAKRA,” as well as the Asoka Chakra’s device or any other colourable limitation.

6. The British Crown, the Union jack, or any colourable variation thereof, as well as the British Royal Arms.

 7. If applied by a person or organization other than the Indian Standards Institution, the letters “I.S.O.”

8. The phrase “Lord Buddha,” as well as the apparatus of Lord Buddha or any colourable imitation of it.

9. The phrase “Shree Sai Baba,” as well as the apparatus of Shree Sai Baba or any colourable imitation of it.

 10. Words such as “Sri Ramkrishna, Swami Vivekananda, the Holy Mother alias Sri Sarada Devi, or the devices of Sri Ramkrishna, Swami Vivekananda, the Holy Mother alias Sri Sarada Devi, and the Emblems of the Ramkrishna Math and Mission or colourable imitation thereof”

11.  The words “National” and “Panchsheel” Aldrin Dinex Allethrin Dinosam Bhc Neod Gamma-Bhc Mazidox Chlordane Mipafox Chlorobenzilate Chlorfenson Pp-Ddt Chlorpropham Ddt Dinoprop Diazinon Dnoc Dieldrin Endrin Dnc Fenson Heptachlor Hhnd Hethoxychlor Lindane Parathion Warfarin Schradan Atraton Toxaphene Azinphos 16.

Letters “IR” Sikh Gurus’ names and pictures, including Gurus such as Guru Nanak, Guru Angad, Guru Amar Das, Guru Ram Das, Guru Arjun dev, Guru Hargobind, Guru Har Raj, Guru Har Krishnan, Guru Teg Bahadur, and Guru Govind Singh are all included in this group. Chhatrapati Shivaji Maharaj’s name and image The letters “STC”

12. Balaji 20’s name and/or image of Lord Venkateswara’s deity Representation of any political party’s election symbol in India.

The name “Gandhi” is one such example of a prohibitory mark from the list on the IP India (Trademark Office) website.

I was surprised to discover, after conducting a public search of the trademark registry’s records that the Trademark Office, has not explicitly objected to the word “Gandhi” (“match with”) being registered by numerous applicants in almost all classes in all instances.

These are kept in mind when you are planning to have trademark registration in Tirupur.

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Trademark opposition

Trademark opposition in India comes at a phase after the enlistment center has endorsed the trademark application on the grounds of peculiarity and distributed the outsider opposition’s trademark in the diary.

Who can go against a Trademark Application in India?

Any individual can go against a trademark application documented by a candidate because of multiple factors during the trademark application stage.

As per Section 21 of the Trademark Act, ‘any individual’ can go against a trademark, regardless of his business or individual interest regarding this situation.

A trademark can be countered by filed by a client, individual from the general population or contender, or some other individual. Likewise, the individual documenting the trademark opposition should be an earlier enlisted trademark proprietor.

Who concludes whether the trademark ought to be deserted or enlisted?

After a trademark opposition is documented, the two players need to close whether the trademark ought to be deserted or enlisted. In any case, there is no limitation on recording a opposition. Anybody who accepts that the distributed mark could make disarray among the general population can petition for the opposition while shielding the trademark lies in the trademark registrant’s hands.

Trademark Opposition Process

Opposition Notice

Any individual can record a notification of opposition on a trademark that shows up on the trademark diary in something like four months from the primary date of appearance.

It should be filed on Trademark Form 5 in the endorsed way and documented with material charges.

Counter-Statement

After the trademark opposition notice is filed with the trademark enlistment center, the recorder would serve a duplicate of the trademark opposition notice to the trademark candidate. In something like two months of receipt of the trademark, opposition sees the trademark candidate should document the counter assertion.

In the event that the trademark candidate neglects to record the counter assertion inside the predetermined period, the trademark application will be “deserted.” However, understanding the trademark registration status is vital.

Hearing

After the proof documenting stage is finished, the recorder will send notification to the two players expressing the date of hearing, which will be somewhere around one month after the date of the primary notification. The meeting depends on the notification of opposition, the counter-articulation recording, and the documented proof. The recorder hears the matter by the enlistment center, and on the off chance that any of the gatherings doesn’t appear for the meeting, the recorder will disallow him.

Appeals

In view of the survey of the proof submitted and the knowing about both the gatherings, the enlistment center concludes whether the opposition was effective at doing so and, thus, decides if the trademark ought to be enrolled or not. Be that as it may, the party oppressed by the enlistment center’s choice might challenge something similar by documenting an allure before the Intellectual property Appellate Board.

Time Limit for Trademark Opposition

After the trademark ad in the Trade Marks Journal, any individual can go against the trademark enlistment for a very long time (which might be reached out by a period not surpassing one month). Trademark opposition filings should be possible just at the Trademark Registrars’ office and can’t be taken straightforwardly to a Court or the Appellate Board (IPAB).

On the off chance that a trademark opposition is effective, the enlistment of the trademark will be denied. Assuming the trademark opposition application is dismissed, the brand will be enrolled.

For what reason does a trademark get opposition?

A trademark opposition can be raised under various segments like the outright grounds, relative grounds, rereligioused mark, or in any event, concerning the opposed trademark’s ownership.

• The Indian trademark regulation gives no particular grounds of opposition. There are different reasons a trademark opposition might be gone against referenced underneath:
• The trademark is comparative or indistinguishable from a prior or existing enlisted trademark.
• The trademark is without unmistakable person.
• The trademark is distinct.
• The trademark registration application is made with dishonesty.
• The trademark is standard in the ongoing language or potentially in the laid out practices of a business.
• The trademark is probably going to misdirect people in general or create turmoil.
• The trademark is in opposition to the law or forestalled by regulation.
• The trademark is denied under the Emblem and Names Act, 1950.
• The trademark contains matters that are probably going to hurt any class or part of individuals’ religious sentiments.

Form TM-5

For contradicting a trademark Form, TM-5 should be documented by the rival. According to the application, the opposition of the trademark should be recorded in the suitable trademark office. The TM-5 structure should contain the accompanying subtleties:

Insights concerning the trademark application

Censured application number

Sign of the labor and products from the trademark application

The name of the candidate for the trademark looked to be against.

Insights concerning the contradicting party

Assuming the opposition is documented by the trademark proprietor of a prior mark: Name and address of the trademark proprietor and a sign that he is the trademark proprietor of such trademark.

Assuming a trademark licensee documents the opposition: Name and address of the trademark licensee alongside a sign that the person has been approved to enter the opposition.

In the event that a replacement records the opposition to the enlisted trademark proprietor: Name and address of the replacement and a sign of the date on which the application for registration of the new owner was gotten by the fitting office or where this data isn’t accessible, was shipped off the proper office.

On the off chance that a party outside India documents the opposition: Name and address the contradicting party and address India’s administration.

The trademark rival or an approved individual who is familiar with the case’s realities ought to sign the notification of the opposition.

Recent news on Trademark

The Delhi High Court has conceded ex-parte temporary order for HT Media Limited which runs news distributions in different dialects under the enrolled trademark Hindustan Times, against a rebel site utilizing a beguilingly comparable space name.

Passing an ex-parte temporary order for HT Media, Justice Pratibha M Singh limited the utilization of www.hindustantimes.tech, comprising of the word ‘Hindustan Times’. It additionally controlled the site from distributing any satisfied including articles, stories, segments, surveys, and so on, being disregarding HT Media’s copyright.

Scrutinizing the printouts of the site www.hindustantimes.tech, the Court saw that different news things on the decried site were designated towards Indian web clients and even Delhi based web clients.

Also there is an addition “The mark ‘Hindustan Times’ is the enlisted trademark of the Plaintiffs. The Plaintiffs orders a worldwide viewership and the standing of perhaps India’s most established paper. How the mark/name ‘Hindustan Times’ has been totally abused leaves no way of uncertainty in the psyche of the Court that Defendant No.1 plans to abuse the expressed mark as additionally the substance which is distributed by the Plaintiffs on their site.”

The Court likewise said each Registrar will undoubtedly uphold and execute the orders passed by the Court of equipped ward, bombing which ICANN (Internet Corporation for Assigned Names and Numbers) can be coordinated to end the understanding of certification with the said Registrar.