It is advisable to conduct a pre-registration search at the Trade Mark Registry to find out about the preexistence of deceptively similar and confusing marks. The search is conducted so that the Applicant is aware of the probable objections or oppositions that may be initiated against the prospective trademark.
Trade Mark Filing: An application is to be filed under the Trademarks Act and the Trademarks Rules. The following documents are required for the filing of an Application:
Examination Report and reply to Examination Report: Upon Application, the Registrar shall cause the application to be examined and shall issue an Examination Report to the Applicant stating his objections, if any; and, the reply must be submitted within a month from the date of issuing of the Examination Report. Advertisement in Trade Mark Journal: As and when the objections are waived after receiving the reply followed by hearing, the application will be accepted for advertisement in the Trademarks Journal.
If you don’t protect your marks against infringement, who will? Trademark infringement on the Internet is a serious problem. Sometimes, it takes more than an infringement threat letter to stop third parties from infringing your mark.
The normal remedy for a trademark infringement claim is an injunction barring the other company from using the trademark. In some cases such as reverse confusion, the infringing company may seek a financial settlement with the trademark owner because it fears an injunction.
We assist you as our lawyers represent plaintiffs and defendants in high stakes trademark infringement claims.
Trademarks like any asset can be transferred from one owner to another. The transfers could be temporary through licensing or permanent through an assignment. Assignment of a trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. In other words, it is transferring of proprietary rights in the property of the proprietor.
The manner in which an assignment can be made are as follows:
Trade Mark can be renewed in every 10 years. Renewal application can be filed 6 months prior to the due date of the next renewal date.