How a logo can be protected both under the Trade Marks Act and Copyrights Act.

How a logo can be protected both under the Trade Marks Act and Copyrights Act.

Trademark Registration enables you to obtain protection for the brand name and also provides certain amount of protection to the manner in which the trademark is represented. However, if you need exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. Copyright registration does not however offer any protection for the brand name.

How or Why to get Trademark Registration Certificate?

How or Why to get Trademark Registration Certificate?

In countries which have a legal system based on common law, "prior use" is generally sufficient for claiming rights over a given trademark in case of dispute. In civil law countries, however, this is usually not the case. Only trademark registration will provide legal certainty on exclusive rights to the use of the trademark regardless of how many years an enterprise has been using the name. Even in the first case, it is highly advisable to register a trademark, as registration will reinforce the position of the right holder in case of litigation.

Procedure for registering domain names a under Trademark Act

What is Process for registering domain names?

The process for registering domain names is an altogether separate one from trademark registration. Nevertheless, many countries have reached the conclusion that there is a strong need for taking precautionary measures to prevent conflicts between marks and domain names. The system for domain names registration generally operates on a first-come first-serve basis and anybody is entitled to obtain any domain name without proof of commercial use.

For More details Please contact with S K SINGH & ASSOCIATES or write to us at info@sksinghassociates.com

How, Whom, Where and Why, You Should Register Your brand under Trademark

Can Register my name as a Trademark ?

Yes, you can register your name as a trademark provided the Trademark Office of your country or the country for which you are seeking protection considers it "distinctive." As to whether a name is distinctive or not depends on a variety of factors. As a rule of thumb, the more common the name is the less likely it will be considered distinctive as there may be many others with the same name. Likewise, the more unusual the name is the greater the distinctiveness and the greater the likelihood that registration will be granted.

In any event, even if you have been refused registration of your name as a mark either for the reason that it was not considered distinctive or because someone else had already registered it you are not prevented from using your name in the course of your business for ordinary business purposes.

How can a registered trademark be removed from the register?

How can a registered trademark be removed from the register?

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?

How Can any correction be made in the application or register?

How can any correction be made in the application or register?

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

Essentials of Register of trademark contains You Need to Know

The register of trademark currently maintained in electronic form contains inter-alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

What are the sources of trademark laws?

       What are the sources of trademark laws?

1. The national statues i.e., the Trade Marks Act, 1999 and rules made there under .
2. International multilateral convention.
3. National bilateral treaty.
4. Regional treaty.
5. Decision of the courts.
6. Office practice reduced in Manuals and guidelines and rulings of the Courts
7. Decision of Intellectual Property Appellate Board.

What are the benefits of Registering a Trademark?

What are the benefits of Registering a Trademark?

The Registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

Benefits of Trademark That Will Surprise You (+Healthy Business)

Benefits of Trademark That Will Surprise You !

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

The Government earns revenue as a fee for registration and protection of registration of trademarks

The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same

The Purchaser and ultimately Consumers of goods and services get options to choose the best.

Who can apply for Trademark ? Know the eligibility rules

Who can apply for Trademark ? Know the eligibility rules

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate Intellectual Property Registry in India.

4 Core Functions of Trademark You're Missing

4 Core Functions of Trademark You're Missing 

1. It identifies the goods/or services and its origin.
2. It guarantees its unchanged quality
3. It advertises the goods/services
4. It creates an image for the goods/services.

Identifies 

Guarantees 

Advertises 

Creates an image

How to Choose the Right Trademark for Your Business | Tips for Choosing

It is biggest Question How to Choose the Right Trademark for Your Business ? | Tips for Choosing

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.

Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.

Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

It is advisable to conduct a public search of Trademark at (Link) to ascertain if same/similar mark is used in market.

How can a registered user restrain third party from using identical or similar mark ?

Can a registered user restrain third party from using identical or similar mark if third party is continuous and prior user of the mark?

A registered user can’t restrain third party from using identical or similar mark if third party has been continuously using the mark in relation to the same goods or services for which mark of registered user is registered provided third party has been using the mark from a date prior to date of use of registered mark or date of registration, whichever is earlier.

How can a 3D mark can be protected under Trademark Act?

Is a three-dimensional mark can be protected under Trademark Act?

Yes, a three-dimensional mark is can be protected under Trademark Act 1999 and Rules 2017.

Reasons Why Your Business Absolutely Needs trademark registration ?

Why is registration of trademark compulsory?

No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.

Filing of Income Tax Return Advantage: 6 Astounding Benefits in India

Advantages of filing Income Tax return even income is below the exemption limit

The last date for filing the ITR (Income Tax Return) for the FY (Financial Year) 2018-19 is July 31, 2019. However, there is a category of people who need not file their returns compulsorily even though they have earned some type of income during the year.

These are people whose GTI (Gross Total Income) below the exempted limit of Rs.2.5 lakh. For the individuals above 60 years of age but less than 80 years age, this exemption limit is Rs. 3 lakhs and for the individuals above 80 years age, the exemption limit is Rs.5 lakhs.

1. VISA Processing
2. Proof of Income for self-employed
3. Carrying capital losses forward
4. Claiming Tax Refund
5. Getting Loans
6. Purchasing a high life cover

How does the trademark registration process work – steps and procedure

Steps to Register Trademark in India

Very briefly, an application for registration of trademarks is received at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the Principal place of the business of the applicant is situated. The digitization and formality checking of the application is done at the respective offices.

The Application is then examined mainly as to whether the relevant mark is capable of distinguishing applicant’s good or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of earlier identical or similar marks existing on records. The Examination of all applications is done centrally in the Head Office of the TRADE MARKS Registry at Mumbai.

The Registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the Trade Marks Journal, an official gazette of the Trade Marks Registry, which is hosted weekly on official website.

Within four months from the date of publication any person can file an opposition in such cases the opposition proceeding is conducted at respective office of the Trade Marks Registry.

Under opposition proceeding, a copy of the notice of opposition is served to the applicant who is required to file a counter-statement within two months failing which the application is treated as abandoned. The copy of the a counter-statement is served to the opponent, who leads evidence in support of his case by way of affidavit, then the applicant leads evidence. After that the opponent files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer.

The registrar’s decision is appealable to the Intellectual Property Appellate Board (IPAB).

11 Steps on How to Plan the trademark registration process

11 Steps to Plan the trademark registration process

The process of trademark registration start after the filing of a Trademark Application with the Indian Trade Marks Registry offices. A trademark application goes through different stages before it is registered.

The Steps include in the Trademark Registration as under.

1. Send to Vienna Codification
2. Marked for Examination
3. Formality Check Pass
4. Formality Check Fail
5. Objected
6. Ready for Show cause Hearing
7. Accepted Before Advertisement
8. Accepted & Advertised
9. Opposed
10. Registered
11. Renewal due

If the reply is not filed within the prescribed period then trademark application gets rejected/ abandoned. Hence, the trademark applicant should to check the status of the trademark application at the regular interval.

What is the Check List of Trade Mark Application or Trademark Registration

In order to make Application Trade Mark following details are required
Name of Applicant/ Proprietor:-
Address of Place of Business:-
Nation:-
Trading As:-
Trade Description (Manufacturer/Services provider):-
Select Legal Status of Company/Firm 1.      Proprietor 2.      Legal Status: Partnership Firm 3.      Body-incorporate including Private Limited/limited Company 4.      Limited Liability Partnership 5.      Society 6.      Trust 7.      Government Department 8.      Statutory Organization 9.      Association of persons 10.  Hindu Undivided Family 11.  One Person Company
Names of all Proprietor/Directors/Designated Partner’s 1. 2.	Address proprietor/directors/designated partner’s
Date of use: If new business then :- Proposed to be used Else:- Date of Use in DD/MM/YYYY
Description of goods you manufacture/Services provided
Class No:-
The Trade/WORD /Logo (in JPGE Format)/Mark which is supposed to be filed
Documents Required
For Proprietorship Business:-         Pan Card        Aadhar card/Voter Id Card         Email id & Mobile No
For Private Limited Company/Limited Liability/One person Company:-        Pan Card of Company     Pan card of All director’s/ Designated Partner’s/ Partner’s     Aadhar card/Voter Id Card All director’s/ Designated Partner’s/ Partner’s       Email id & Mobile No     Certificate of incorporation

Formality Check Fail in trademark: Application status with the defects

Trademark Application status of "Formality Check Fail"

The process of trademark registration start after the filing of a Trademark Application with the Indian Trade Marks Registry offices. A trademark application goes through different stages before it is registered.

The Stages include in the Trademark Registration as under.

Send to Vienna Codification
Marked for Examination
Formality Check Pass
Formality Check Fail
Objected
Ready for Show cause Hearing
Accepted Before Advertisement
Accepted & Advertised
Opposed
Registered
Renewal due

If the reply is not filed within the prescribed period then trademark application gets rejected/ abandoned. Hence, the trademark applicant should to check the status of the trademark application at the regular interval.

This Article is describes the Trademark Application  status of "Formality Check Fail".

What do you mean by "Formality Check Fail"?

The Trademark Application  status "Formality Check Fail" means the Registrar will examine the Application at the preliminary level. Here the Registrar will check the basic information and supporting documents deposited with the Trademark application with the Indian Trade Marks Registry offices online or offline.

Reasons for "Formality Check Fail" of Trademark Application :–

While making a Trademark application one has to select the category under which the application is to be filed. The categories are divided into four parts which are;

Individual/Sole Proprietor
Startup
Small Enterprise
Others

Hence, if the proper category is not selected then the Trademark application status falls under the "Formality Check Fail".

Incorrect Name of Applicant
Incorrect Address of Applicant
Incorrect Country of Applicant
Incorrect Jurisdiction of Applicant
Incorrect Email Address of Applicant
Incorrect Nature of Applicant

Example:  if Applicant is Indian Private Limited Company then the Nature of Applicant will be Body Incorporate & Legal Status of Applicant will be AN INDIAN PRIVATE LIMITED COMPANY

Incorrect Legal Status of Applicant
Incorrect Category of Mark
Incorrect Trade Mark
Incorrect Image Description
Incorrect Image Description

IF MARK IN A LANGUAGE OTHER THAN HINDI OR ENGLISH eg. Bengali, Bangla

Then the Applicant have to provide
Transliteration of the mark in roman script:-
Translation of the mark in English:-

if the Applicant fails to comply the above formalities then the Trademark application status falls under the "Formality Check Fail".

Incorrect CLASS OF GOODS OR SERVICE

The Indian Trade Mark has divided the goods and services into 1 to 45 classes. The correct class needs to be selected at the time of filing a Trademark Application.

Example: if Applicant is Indian Private Limited Company manufacturing or dealing in Pharmaceutical goods then Class  should be 5 & Description of goods should be PHARMACEUTICAL PREPARATIONS. if the Class is correct but description of goods is not as per the Nice Classification (NCL) or vice versa, established by the Nice Agreement (1957), is an international classification of goods and services then the Trademark application status falls under the "Formality Check Fail".

Improper Uploaded Documents:

The timeline of  Trademark Registration Process can further stretch if all the required documents are not submitted/Uploaded Documents. This includes putting up an application with important documents like such as Power of Attorney, USER AFFIDAVIT" & proofs in support of claim for User Date, supporting documents for claiming a rebate on application fees i.e. start-up or MSME Certificate, etc.

It might happen the Uploading Documents are corrupted/not proper and the Examiner is unable to open/ view/ unreadable to them. In such cases the examiner mark the Trademark Application status as "Formality Check Fail" and asks to submit the documents again.

Improper Information:

All the required information in the application must be filled properly as required. For example, the translation and transliteration must be provided if the brand name is in a language other than English or Hindi. The name, address and other details of the applicant must be as per the Power of Attorney; the user date must be mentioned properly, It is recommended that mark images have a length of no less than 250 pixels and no more than 944 pixels, and a width of no less than 250 pixels and no more than 944 pixels. Mark images should have little or no white space appearing around the design of the mark., etc.

Trade Mark and logo are different:

If the logo and the provided Trade Mark are different from each other and the words mentioned in the logo do not match with the Trade Mark, then the Examiner marks the status as "Formality Check Fail". Hence, both the logo and the brand/ Trade Mark must correlate with each other.

Actions to take

The ministry will issue a notice for "Formality Check Fail" along with reasons issuing the same. The applicant has to file the "Formality Check Fail" reply within 30 days from the date of receipt of the notice. Ministry will mark the application as ABANDONED upon not receiving the response within the specified period (within 30 days from the date of receipt of the notice).

If the ministry is satisfied with the reply, then it will process the application for the next stage. If the reply is not satisfactory then ministry may again mark the status as "Formality Check Fail".

One can avoid this stage by filling the correct & proper information in Trademark Application. To process smoothly trademark must be filed through Trade Mark Agent/Attorney. But sometime, due to technical reasons, one may come across this stage. It is simple to file the reply for the "Formality Check Fail" by clearing the issues raised by the ministry.

The Nice Classification (NCL): Understanding the “Why” of TRADEMARK

Classification of goods and services of Trademark 

(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).

Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry

Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists

Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices

Class 4 . Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks

Class 5 . Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides.

Class 6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7 . Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus

Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials

Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes

Class 12 . Vehicles; apparatus for locomotion by land, air or water

Class 13 . Firearms; ammunition and projectiles; explosives; fire works

Class 14 . Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments

Class 15. Musical instruments

Class 16 . Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

Class 17 . Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

Class 18 . Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 . Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics


Class 21 . Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

Class 22 . Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials

Class 23 . Yarns and threads, for textile use

Class 24 . Textiles and textile goods, not included in other classes; bed and table covers.

Class 25 . Clothing, footwear, headgear

Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27 . Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)

Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29 . Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and milk products; edible oils and fats

Class 30 . Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Class 33 .Alcoholic beverages(except beers)

Class 34 . Tobacco, smokers' articles, matches

Class 35 .Advertising, business management, business administration, office functions.

Class 36 .Insurance, financial affairs; monetary affairs; real estate affairs.

Class 37 . Building construction; repair; installation services.

Class 38. Telecommunications.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 40. Treatment of materials.

Class 41. Education; providing of training; entertainment; sporting and cultural activities.

Class 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

Class 43. Services for providing food and drink; temporary accommodation.

Class 44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

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