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Replying to TRADEMARK Objections

 

A Trademark is a type of intellectual property protection, under which a word, phrase, visual symbol and/or design used by a company to distinguish its goods or services from other similar goods or services originating from a different company can be protected. A trademark registration will confer an exclusive right and legal certainty to the use of registered trademark by the right holder.

 

Trademark protection can be obtained by filing a trademark application with the relevant Trade Mark Registrar in the prescribed format and paying the required fees.

 

Once a trademark application is filed, the trademark registration application will be allocated to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then process the application and analyse it. The Trademark Officer will give its opinion about the Trademark in the form of an “Examination Report”. Based on the Examination Report, the trademark application is published in the trademark journal or an objection is raised for registration of Trademark.

 

If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to submit a written reply for the objections raised within 1 month from the date of receipt of examination report. The trademark examination reply should include reasons and evidences along with the supporting documents to prove the distinctiveness of the trademark and as to why the trademark should be registered. The application is allowed to be published in the Trademark Journal before registration only if the Trademark officer is satisfied by the reply. Thus, the reply to the Trademark examination report should address all the concerns raised by the Trademark Officer.

 

The Trademark Officer raises an objection for registration of trademark under Section 9 and Section 11 of “The Trade Marks Act, 1999”.

 

Section 9 of The Trade Marks Act, 1999 states the Absolute grounds for refusal of registration—

 

(1) The trade marks—

(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trade mark if—

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter;

(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,1950 (12 of 1950).

(3) A mark shall not be registered as a trade mark if it consists exclusively of—

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods. \

Section 11 of The Trade Marks Act, 1999 states the Relative grounds for refusal of registration—

(1) A trade mark shall not be registered if, because of—

(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or

(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.

(2) A trade mark which—

(a) is identical with or similar to an earlier trade mark; and

(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.

(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented—

(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or

(b) by virtue of law of copyright.

(4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.

(5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.

(6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including—

(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;

(ii) the duration, extent and geographical area of any use of that trade mark;

(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;

(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;

(v) the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.

(7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account—

(i) the number of actual or potential consumers of the goods or services;

(ii) the number of persons involved in the channels of distribution of the goods or services

(iii) the business circles dealing with the goods or services, to which that trade mark applies.

(8) Where a trade mark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.

(9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:—

(i) that the trade mark has been used in India;

(ii) that the trade mark has been registered;

(iii) that the application for registration of the trade mark has been filed in India;

(iv) that the trade mark— (a) is well-known in; or (b) has been registered in; or (c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or

(v) that the trade mark is well-known to the public at large in India.

(10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall—

(i) protect a well-known trade mark against the identical or similar trademarks;

(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.

Thus, if the Trademark officer has raised an objection under Section 9 or Section 11 of the Trade Mark Act, 1999, the reply must contain the judicial precedent and should prove the point with proper evidence.

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Step by Step Guide to Get Trademark Registered in India

Step-wise Guide for Registering Trademark in India

Trademark Registration is a necessary step if you own a business or want to own a business. Your business name, identity, brand, logo, image etc. can be protected  by registering Trademark for your business.

Apply for TM Registration and discuss your brand strategy and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.

Get your Trademark Registered in India by hiring professional trademark lawyer in India. Currently, a trademark is registered in less than a month.

Documents required for filing a TradeMark Application in India:

  1. A copy of Trademark or logo
  2. Details of the applicant like name, address and nationality and the state of incorporation for company
  3. Goods or services provided by the company  
  4. Date of first use of the trademark in India, if used by you prior to applying.
  5. Power of attorney to be signed by the applicant

So, by following the ten step process get Trademark Registered in India in 30 days:

Coin a brand name for trademark registration

Select the appropriate Trademark class for your brand

Avoid filing multi class trademark application in class 99

Conduct a trademark search online at Indian Trademark website

Expedite the digitization process by filing online trademark

Get digital signature for signing online trademark forms

Get proprietor code for filing trademark in India

File TM-1 Form for Trademark Registration in India Attach Stamped Power of Attorney TM-48 (POA) while filing the trademark in India

Wait for formal response from trademark office and reply trademark objection within one month of receiving the formal response.

Trademark Services by TCIS 

TRADE MARK| BRAND PROTECTION SERVICE IN INDIA

Brand Opinion Services

Trade mark  Clearance Searches

Filing of trademark applications, registration procedure

Trade mark Renewal

Trade mark opposition

Trade mark rectification

Action of infringement and passing off

Assignment, licenses and transmission, drafting deed form

Registration of trademark assignment

For more details please contact us at legal_desk@patentbusinessidea.com

Brand protection by Trademarks

 

Do you need a trademark for a logo? Can you patent a logo?
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Trademark of Logo

How do I get a logo trademarked?

“It’s all in the name”!

Designed a logo to represent your business?

How to protect the design of the logo and the business behind it using the Trademark Law?

Before addressing how to trademark your business logo, we should define the terms “trademark” and “logo.”

The terms “Logo” and “trademark” are used interchangeably but they do actually differ slightly from each other. “A logo can be a trademark but a trademark cannot be considered to be a logo”.

A trademark is a unique name, symbol, phrase, motto, or graphic design that is specific to a company name, or its products and services and is used to distinguish the products of one seller from the other. The symbol ‘™’ designates that  the name, symbol or word is a trademark-ed property belonging to a particular company and that specific drawing, logo, or phrase cannot be copied or used by any other business or person, unless specific authorization is given by the trademark owner.

A logo is a brand identity for representing businesses. A logo should represent the the characteristic spirit  manifested in the attitudes and aspirations of the company it stands for. Sometimes people identify the company through the logo; although they might have forgotten the name. Registration of the logo as a trademark makes it a legal document which can be used in the court of law in case of brand infringement.

Selecting trademark for startup business can be tricky but at the same time rewarding to the startup. It is important to do proper research before filing for trademark for startup business in India.

Trademark of a brand has a lasting effect on its consumers. As a business owner, the startup thinks passionately about naming their new business, but while doing so, due consideration should be given to the following two points:

(a) “Unique & Novel” Trademark: The trademark should be new and unique.

(b) Non-conflicting to competitor in same field: The trademark should not conflict with existing trade names who have registered trademarks.

Business names, brand names, logos and taglines are protected legally by way of trademarks, and in case of conflicting names, it might result in a trademark infringement suit. Trademark for startup business should be unique to the business offering.

It is very important to name a business properly. Inorder to highlight the importance of naming a business, we will take an example of International Trademark Infringement.

A South Korean fried chicken restaurant recently lost a trademark battle with designer “Louis Vuitton”. The restaurant’s name- “Louis Vuiton Dak” was too similar to Louis Vuitton. In addition to the name infringement, the restaurant’s logo and packaging closely mirrored the designer’s iconic imagery.

The restaurant ultimately changed the name to “LOUISVUI TONDAK” and was hit with another 14.5 million fine for non-compliance.

Therefore, as may be observed from the above case study, trademark for startup business should be unique, selecting a unique business name and legally protecting it by way of trademarks is very important. Companies can avoid expensive legal battles by avoiding mirroring their brand closely after another brand, even if the products and business strategy have nothing in common.

If a business involves multiple brands, a strong trademark strategy is crucial to manage them. It is advisable to keep business name different from brand name.

In accordance with Indian Trademark Law, it is not mandatory to file for a trademark, but it is highly advisable to file trademark for startup business, register a trademark for the name of your business as well as for the brand names of your products and services.

Accordingly, it is highly advisable to seek assistance from a Trademark Attorney.

Apply for TM Registration and discuss your brand strategy and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS.

Trademark Services

 

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INFRINGMENT OF TRADEMARK – Case Study

Intellectual Property Rights- INFRINGMENT OF TRADEMARK 

In this era of increasing competition among brands and intellectual property laws becoming more stringent and difficult to comply with, infringement of these laws comes as a direct consequence. This article embodies a case study of such infringement with specific focus on an important part of the intellectual property rights, that is-Trademark.

Similarity in sound and phonetics and the way it is used is an important factor in determining whether the marks are confusingly similar.

Trademark infringement by phonetic and visual similarity is statutorily included in section 29(9) of the trademarks Act 1999 wherein it is stated that “Where the distinctive elements of a registered trademark consist of or include words, the trademark may be infringed by spoken use of the words as well as their visual representation and the reference in this section to the use of the mark shall be construed accordingly.”

In this view the legislature has stated such phonetic similarity as an infringing activity and has made clear that the pronunciation of a brand’s tagline (an important factor in the following case) is an establishing factor of potential infringement.

THE CASE STUDY 

Wipro Enterprises Limited vs Heinz India Pvt. Ltd on 10 June, 2015

The plaintiff (Wipro) had asserted that their trademark “BOLTS” which was created and adopted to sell their glucose chewy tablets had been infringed by the defendant (Heinz) which used a phonetically and visually similar mark name “VOLT” with a similar tagline.

The Hon’ble Madras High Court observed that since both the plaintiff and defendant used their trademarks i.e. BOLTS and VOLT respectively with their house names prefixed i.e. GLUCOVITA BOLTS and GLUCON-D VOLT respectively.

The court stated that the plaintiff cannot have exclusive right over the word BOLTS as it was generic and common in nature and both the plaintiff and defendant had used a prefix or a suffix to properly display the distinction.

The factual aspect of the case would be the determining factor for the judgement, the court reiterated. It also stated that a word may acquire a secondary meaning and could become an exclusive right by long, uninterrupted and continuous usage which was clearly not the case here as BOLTS was there in usage only for the past 2 years.

The court recapitulated that the trademark must be seen and judged on its entirety and completeness and not in parts or isolation which is why all arguments about identical colours used visual similarities etc. were dismissed. It must be viewed in an all round perspective and whether a word has a secondary meaning should be established only during the course of the hearing.

There were many similarities which were stated by the plaintiff including the price in perforated circle display and the thunder/flash of lightening symbol. The court held that many of the above similarities were found to be a common industrial practice and some of the symbols were generic to display and portray energy, stamina etc. Some of the similarities submitted by the plaintiff were even found to be dissimilar by the court.

The plaintiff used the tagline “INSTANT ENERGY, ANYTIME, ANYWHERE” whereas same for the defendant was “ENERGY OF GLUCON-D … ANYWHERE, ANYTIME”. The phrase “ANYTIME, ANYWHERE” was not used by the plaintiff in the trademark sense to denote origin/source of the product; rather it was used in a descriptive sense, the court observed.

Nothing was there to show as concrete evidence that the plaintiff had undertaken extensive advertising, was using the above tagline for a long period of time or the tagline was associated with the plaintiff’s product only or that the plaintiff had exclusive rights over its usage. After investigation it was also found that the tagline was printed only on the jar containing the products of the plaintiff and not on the cylindrical plastic wrapper covered tube which contained the chewing tablets.

The Hon’ble court hence rejected the senior counsel’s plea that the expression “INSTANT ENERGY. ANYTIME, ANYWHERE.” found on the label ought to be protected by way of application for temporary injunction.

CONCLUSION

In India, where culture is enriched by a diversity of languages and scripts, the courts have to consider how the rival marks are spelt and pronounced in languages in which they are commonly used. They have to assess the psyche of an Indian consumer and associated with that traits and qualities that underlie the spelling and pronunciation of words and then consider the usage of words and the manner in which it is similar to the pronunciation of the rival marks.

Whether the ordinary customer is likely to believe that the defendant’s mark is associated with the mark and the trading style of the plaintiff are the main test and not whether the consumer ends up buying the product of the defendant instead of the plaintiff because of such similarity in marks. The phonetic, visual and structural makeup of the words should be so strikingly similar as to lead to a likelihood of deception.

Section 29(2) of the Trade Marks Act 1999 recognizes the concept of likelihood of association wherein the consumer is likely to believe that the defendants’ mark has an association/affiliation/connection with the plaintiff. Thus in Section 29(2) read with section 29(9), the legislature has included the spoken use of the words also; therefore, it is evident that the pronunciation of the trademark is clearly a determining criterion in ascertaining infringement.

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Indian Trademark Infringement Case Study: Cadila Healthcare Ltd. v/s Gujarat Co-operative Milk Marketing Federation Ltd

Cadila Healthcare Ltd. v/s Gujarat Co-operative Milk Marketing Federation Ltd

Indian Trademark Infringement Case Study

DETERMINING THE STATE OF DISTINCTIVENESS

Is It Trademark Infringement?
What is a protected trademark?

“Best case scenario, the mark is a blend of two well known English words. Once a typical phrase in the English dialect which specifically describes the item is embraced by a business enterprise, such reception normally entails the risk that others in the field would also be qualified for use such phrases gave no endeavor is made to ride on the fleeting trend of the appellant’s indubitably market driving item ‘Sugar Free’. In this association, simply because the attributes of ‘sugar free’ can be described by different phrases can’t detract from the regular usage of the phrase ‘Sugar Free’ as signifying products which don’t contain sugar and any dealer which adopts such mark in the market, does so with the unmistakable learning of the possibility of different traders also using the said mark. That is precisely the reason for the dissent of assurance to such marks by refusing registration as envisaged by Sections 9, Section 30 and Section 35 of the Trademarks Act, 1999.”

Cadila Pharmaceuticals Ltd.

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What constitutes an infringement of trademark?

It is one of the biggest privately held pharmaceutical organizations in India, headquartered at Ahmadabad, in the State of Gujarat. In the course of the most recent six decades, the organization has been creating and manufacturing pharmaceutical items in India and offering and dispersing these in more than eighty-five different nations around the globe. It focuses unequivocally on Innovation and Research, the organization is available in more than forty-five helpful zones spread crosswise over twelve specialties, including cardiovascular, gastrointestinal, analgesics, haematinics, hostile to infective and anti-microbial, respiratory operators, ant diabetics, and immunological.

Recently Cadila Pharmaceuticals Ltd. filed a suit against Gujarat co-operative Milk Marketing Federation Ltd & oths.

It manages the Establishment of an immediate linkage between milk makers and customers by taking out mediators, Milk Producers (agriculturists) control acquirement, handling, and marketing and, Proficient administration.

GCMMF (Amul) has helped India to rise as the biggest milk maker on the planet. More than 15 million milk makers pour their milk in 1, 44,500 dairy helpful social orders the nation over. Their milk is prepared in 184 District Co-agent Unions and promoted by 22 State Marketing Federations, guaranteeing a superior life for millions.The case has been filed over use of the words “Sugar free”.

cadila_swedan_logo
Cadila Pharmaceuticals Ltd. 2001 PTC 541 (SC) Full Bench Brief to market the drug under the trade mark of “FALCIGO” all over India

Cadila Healthcare Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. and Ors’ 2009 (41) PTC 336 (Del.) (DB) is a judgment of the Delhi high Court that arrangements with the issue of mediating the peculiarity of a trademark when it is at first sight, “expressive” in character.For the situation, Cadila Healthcare Ltd. propelled an item containing ‘aspartame’, a sugar substitute, under the brand name ‘Sugar-Free’ in the year 1988.

Cadila had purportedly coined and embraced the trademark ‘Sugar-Free’ and was the principal client of the said trademark in India. Gujarat Co-operative received a stamp consisting of the words ‘Sugar-Free’ for their solidified pastry, indistinguishable with and misleadingly like the Cadila’s trademark.

The Gujarat Co-operative notwithstanding, as a matter of fact, were not offering their items under the name ‘Sugar-Free’, yet utilizing the same as an expressive modifier for their item. Cadila recorded a suit under the steady gaze of the educated Single Judge looking for a declaration of changeless injunction for controlling Gujarat Co-operative from utilizing as a part of any way, especially in connection with their items, the articulation ‘Sugar Free’, which Cadila asserted had obtained selectiveness as a trademark in connection with its different items.

The application for an injunction was expelled by the educated Single Judge, against which the present interest was recorded.It might be specified here that the litigant had a 74% offer in the sugar substitute market in India, plainly building up a prevalent premium.

The claim of eliteness depended upon the term ‘Sugar-Free’ being a coined word. The court decided that M/s Cadila Healthcare can’t be permitted to utilize the articulation since it was inalienable spellbinding in nature and has become a commonly utilized word in connection to nourishment and drinks. It likewise watched that “sugar-free” was not a coined word or an irregular combination of words.

Since it was a commonly utilized articulation in composed and additionally communicated in English, it could in this way not be hoarded for use by any exchange.

In perspective of the above supposition, the Court declined to concede an injunction on the utilization of the said check by Gujarat Co-operative as a piece of a sentence or appealing legend in order to portray the idea of their item.

They were that as it may, require diminishing the text dimension of the said term, which conspicuously stood greater than the trademark of the item.

tm 6 trademark
Is It Trademark Infringement?

Apply for TM Registration and discuss your brand strategy  and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.

Locations: Delhi, Gurgaon, Noida, Mumbai, Banglore

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

We at Tech Corp International Strategist India(TCIS) provide Trademark services:

TRADEMARK OFFICE ACTION RESPONSES

We at TCIS,India evaluate your office action after client discussion and understanding his business quotes and let you know if there is a fair chance to get your trademark application approved. If you decide to hire our trademark lawyers / trademark attorneys at TCIS to draft a response to the office action, cost effective flat rates are available.

As experienced trademark attorneys we at TCIS are well versed in responding to office action letters issued by trademark examining attorneys at the Indian Patent Office(IPO) and Indian Trademark Office.

Trademark Monitoring Services

We at TCIS,India also offers trademark monitoring services for OUR  clients. This service is designed to protect the client’s trademark by periodically reviewing the records of the Indian Patent Office(IPO) and Indian Trademark Office, and additional sources, depending on the monitoring service requested, for applications to register, or use of, confusingly similar marks.

Other Services

The firm offers a variety of services, including representation in cancellation and opposition proceedings at the Trademark Trial and Appeal Board.

CALL NOW FOR YOUR FREE CONSULTATION WITH TRADEMARK ATTORNEY  at 011 6654 4992 OR SEND AN EMAIL TO legal_desk@patentbusinessidea.com

When you contact Trademark attorney at TCIS,India whether by phone or email, you can expect to receive prompt, professional, efficient and courteous service.

  • Clients of the firm enjoy the following:
  • Free initial trademark consultation with an experienced trademark attorney
  • Review of office actions by an experienced trademark attorney                
  • Trademark attorney personal attention to their matters                                        
  • Firm ideology of involvement that requires “going the extra mile”                      
  • Firm policy to return client phone calls and respond to emails immediately whenever practical                                                                                                  
  • Cost-effective flat rates

OUR CLIENTS ARE LOCATED THROUGHOUT THE WORLD INDIA,UNITED STATES, AUSTRALIA, CANADA, CHINA, DENMARK, ECUADOR, HONG KONG, MALAYSIA, SINGAPORE, INDIA, ITALY, INDONESIA, SOUTH AFRICA, SOUTH KOREA, SWEDEN, FRANCE, SWITZERLAND,  U.A.E. ,  UK.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

The strategist bases his strategy on the wisdom
Why do you need a techno legal strategist in a startup?

Co Author: Aarti Dhillon is a third-year law student pursuing BBA LLB (Hons.) with specialization in corporate laws from the College of Legal Studies, University of Petroleum and Energy studies. She is an enthusiastic individual with an emphasis on achieving astounding standards both personally and academically. She is an aspiring corporate law and patent law enthusiast who is captivated with exploring, learning and practicing technology, invention, business, and law simultaneously. In her opinion Law, business and technology have reliably been the thing that has intrigued her the most and how with genuine learning and practice with regards to the said three, one can organize the framework to oblige individuals’ individual needs. She plans to have an effective law career ahead and apply her aptitudes obtained from both her work and academic experience and further enable her to make a difference in people’s life.

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European Union Trademark Reforms

How to reforms laws?

Reform the world is to reform the nation and reform the nation is to reform the laws.

The European Union trademark reform that has been introduced in order to bring a substantial and an important change to the original and unabridged EU trademark system that existed since 1996. The newly amended EU trademark law is referred to as the Regulation (EU) 2015/2424 which was passed in December 2015 and on March 23, 2016 the first part of its regulation came into force. On October 1, 2017 the remaining provisions will come into effect.

This change in the trademark law will bring an important change not only to the community trademarks that allows to obtain with a single application a trademark valid in all the territory of the European Union but also for national trademark owners in the European Union (EU).

Before dealing with what these reforms have in the bag for trademark owners in the EU, we first need to shed some light on the legislation that are behind the whole reform unit. There are two legislation namely, the amended Community Trademark Regulation (Regulation (EU) 2015/2424) which provides for the rules and regulations that are to be compelled with and which came into force on 23 March 2016. The second legislation is the new Trademarks Directive (Directive (EU) 2015/2436) intends to balance the national trademark systems of the EU member state and which came into force on 13th January 2016.

This reform consists of various innovations, including the alteration to the fee structure, criteria concerning the registration of trademarks and the procedural issue as well as alterations relevant to infringement proceedings and custom seizures. The new regulation is applicable to all the EUTM (European Union Trademark) registrations and as a result of this many trademark owners who have their trademark stipulation contain class headings from the nice specifications have to take actions in order to prevent a cutback in their protection.

According to Article 28 EUTMR class headings of the class specifications that are mentioned in the EU trademark specifications will only cover the goods and the services which are covered by the literal meaning of the respective words. Further the EUTMR has also proposed a new European Union certification mark in Article 74a-74k EUTMR and the applications for such marks can only be filled after 1st October 2017. Under this proposal the owner of an EU certification mark will not act as the supplier of the goods and services in the market but will be responsible for certifying and monitoring the qualities of goods of services.

Along with the innovations there are changes such as:

The Community Trademark (CTM) is renamed to the European Trademark (EUTM) and the office for Harmonization in the Internal Market (OHIM) has become the European Union Intellectual Property Office (EUIPO).

Trademark applicants have to no longer represent marks graphically. This change makes it easier for the non-traditional signs such as sound and smell to be registered easily.

The trademarks are followed by a new fee structure and the renewals have indeed become generously cheaper but the trademark applications which are containing 3 or more classes have increased. Further there are concerns that arose with these innovations and changes such as the grounds for refusal and invalidity of the trademark.

 VARIOUS GROUNDS OF EU REFORMS

Absolute grounds for Refusal or Invalidity: Signs which dwell completely of other characteristics of which results from the nature of the goods or is necessary in order to obtain a technical result or give a generous value to the goods, may not be registered. These absolute grounds cannot be affected on evidence of acquired uniqueness and has been drawn out to include ‘other characteristics’ apart from shape.Additional grounds such as designations of origin, geographical indications, and traditional terms for wine, traditional specialties guaranteed and plant varieties have been added for refusal.

Relative grounds for Refusal or Invalidity: The owner of a designation of origin or a geographical indication can depend upon these rights in order to prevent the registration and use of a consecutive trademarks.

Marks with a reputation: This ground has been introduced in order to prevent the registration of the trademark where the goods and services are same. This ground can be based upon a reputation claim, irrespective of the fact whether the goods and services concealed by the inimical applications are similar or dissimilar to the goods or services for which reputation is claimed and where such use would lead to an unfair advantage of or to the modesty of the earlier mark.

Infringement: Using a registered trademark as a trade or company name is a specific infringement.

At the end trademark reforms include some large-scale alterations that will definitely restore and modernize the European Union trademark law and will ensure greater balance in trademark practices and procedures across the European Union. It will strength the rights of the trademark owners while bringing a bright prospective towards the working of it.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

Apply for TM Registration and discuss your brand strategy  and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.

Locations: Delhi, Gurgaon, Noida, Mumbai, Banglore

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

 We at Tech Corp International Strategist India(TCIS) provide Trademark services:

Trademark Office Action Responses

We at TCIS,India evaluate your office action after client discussion and understanding his business quotes and let you know if there is a fair chance to get your trademark application approved. If you decide to hire our trademark lawyers / trademark attorneys at TCIS to draft a response to the office action, cost effective flat rates are available.

As experienced trademark attorneys we at TCIS are well versed in responding to office action letters issued by trademark examining attorneys at the Indian Patent Office(IPO) and Indian Trademark Office.

Trademark Monitoring Services

We at TCIS,India also offers trademark monitoring services for OUR  clients. This service is designed to protect the client’s trademark by periodically reviewing the records of the Indian Patent Office(IPO) and Indian Trademark Office, and additional sources, depending on the monitoring service requested, for applications to register, or use of, confusingly similar marks.

Other Services

The firm offers a variety of services, including representation in cancellation and opposition proceedings at the Trademark Trial and Appeal Board. 

CALL NOW FOR YOUR FREE CONSULTATION WITH TRADEMARK ATTORNEY  at 011 6654 4992 OR SEND AN EMAIL TO legal_desk@patentbusinessidea.com

When you contact Trademark attorney at TCIS,India whether by phone or email, you can expect to receive prompt, professional, efficient and courteous service.

Clients of the firm enjoy the following:

  • Free initial trademark consultation with an experienced trademark attorney
  • Review of office actions by an experienced trademark attorney                
  • Trademark attorney personal attention to their matters                                        
  • Firm ideology of involvement that requires “going the extra mile”                      
  • Firm policy to return client phone calls and respond to emails immediately whenever practical                                                                                                  
  • Cost-effective flat rates 

OUR CLIENTS ARE LOCATED THROUGHOUT THE WORLD INDIA,UNITED STATES, AUSTRALIA, CANADA, CHINA, DENMARK, ECUADOR, HONG KONG, MALAYSIA, SINGAPORE, INDIA, ITALY, INDONESIA, SOUTH AFRICA, SOUTH KOREA, SWEDEN, FRANCE, SWITZERLAND,  U.A.E. ,  UK.  

Co Author

Food Strategy | Foodservice Design food culture strategy

Anshika Bhardwaj

Food Law Strategist, Patent Associate at Tech Corp International Strategist *Startup India Expert Tech Corp International Strategist *Startup India Expert

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET"YOUR" TRADEMARK REGISTERED IN TWO- THREE WEEKS