The "TM" or “SM” notation is merely a means of informing third parties that the person claims trademark rights to the word, slogan, or phrase associated with "TM" or "SM" notation. The same can be used once the application is made for registration of a Trademark. After the grant the symbol "R" is used.
A service mark is any symbol, word, device or name, or any combination, used, or intended to be used, in business, to distinguish and identify the services and the source of services you provide to those provided by others.
A person or an individual, any form of institution e.g. Proprietary Concern, Partnership Firm, Pvt. Ltd. Company, LLP (Limited Liability Partnership), Public Ltd. Company, Trust etc. any one of the above can file the Trademark Application in their name. so in short a person or an institution who is holding and or using the trademark can apply for the same.
Yes, an Individual can file a Trademark in his or her name, provided that person should be holding and/or using the trademark.
No, carrying out the search before filing the application is not compulsory, but it is preferable and suggested to carry out the same, which will help you to find the similar mark, if any.
Carrying out the search before filing the Trademark Application helps the Applicant to find out the presence of same and similar Trademarks in TM database, which will minimize the possibility of getting the application, objected.
After filing the Trademark Application with the Trademark Registry, the Application goes for examination. The dedicated examiners examine the Application and send the Application for next step.
The marks which are generic in nature, that means the words which are commonly use in day to day language. The marks with the obscene meanings and figures, well-known marks, marks which express quality, quantity, intended values, geographical origin cannot be registered as trademarks.
Yes, you can file the logo and the word mark together. But if the word mark gets objection, then in that case the whole application along with the logo will get the objection.
The Validity of the Trademark is for 10 years and you can renew the same for next 10 years.
You can renew the Trademark before 6 months from the date of expiry. Or you can renew the trademark within the period of one year after expiry of the trademark, but in that case you need to pay the additional charge for the same.
Yes, you can file your trademark online. Rather it is advisable to file the trademark online. The Govt. fee fo online filing is less and filing is smooth and fast.
It is not compulsory to file your trademark application through attorney but it is always preferable to do so, as attorney can help you search the similar marks before filing the application, can draft the exact required service description and can also handle the objections and oppositions, if any.
Examination Report is the report issued by the Examiner after examining the application.
Examination Report mention whether the mark has been accepted or it has been objected.
If the mark has been objected in the Examination Report then the Applicant has to reply to the same within the period of one month after the issuance of Examination Report.
You can draft the appropriate reply to the objection raised by the registry and can file the same through your Attorney. It is always advisable to get the reply draft by the attorney, as manier times there is a legality involve in the objection.
Famous/Well-Known marks are those which has immediate connection with public at large. In short it is a mark which creates the immediate connection in the minds of customers with the particular product and/or service. The moment you see or read the mark you can easily and flawlessly connect the particular product with that mark. These are some best examples of famous and/or well-known marks: McDonalds, Apple, COCA-COLA, Google, 7-O’Clock, Nestle, Bisleri, Canon etc. Famous or Well-Known marks gets a broad legal; protection as they directly connect the customers with the particular products or you may say that the particular products are known by that famous marks.
Yes, you can remove the trademark from the Trademark Registry by following the requisite procedure for the same.
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