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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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Three Types Of Innovation. Here’s How To Manage Them

Three Types Of Innovation. Here’s How To Manage Them

“Dreamers are mocked as impractical. The truth is they are the most practical, as their innovations lead to progress and a better way of life for all of us.” ― Robin S. Sharma

With a view of generating revenue immediately from new products, a firm should customize the process of product development for different kinds of innovations. For a company the biggest challenges aren’t in coming up with big ideas but in the organizational and management issues that these new ideas bring along.

No matter what a company is dealing in, companies strive to create innovative products and services adequately and accurately.  

“Chance favors the connected mind.” ― Steven Johnson

For an individual to to bring new ideas to market, create more realistic testing and growth expectations and better manage their innovation pipelines, it is important to identify the types of innovations, needs and the correct approach to nurture and grow the type of innovation.

THE THREE TYPES OF INNOVATIONS

To prolong their stay in the market, companies need to come up with sustaining products and services. Sustaining innovations in products or services help any organization raise the bar enough to stay in the game. These innovations can sometimes be thought of as modification of an already existing product.

To significantly up the level of game within an existing category a company should come up with remarkable offerings. The product should be such that seeing it, customers couldn’t help but want it–over time making it the best-selling product.

“Progress is made by lazy men looking for easier ways to do things.” ― Robert A. Heinlein

When we think about an innovation, many of us have some sort of ideas in our mind. Such breakthrough ideas are called disruptive innovations because they disrupt the current market behavior, rendering existing solutions old-school, transforming values, and bringing previously marginal customers and companies into the center of attention.

The Social media could be considered a disruptive innovation within sports. More specifically, the social media has radically changed the way that news in sports circulates nowadays. Social media has created a new market for sports that was not around before in the sense that players and fans have instant access to information related to sports.

“In a world of change, the learners shall inherit the earth, while the learned shall find themselves perfectly suited for a world that no longer exists.” ― Eric Hoffer

To help explain the difference between these three types of innovations, let’s look at the coffee industry. Maxwell House came up with a dark roast version of coffee, it introduced a sustaining innovation. A new flavour was only a variation on their existing products.

A breakout innovation was General Foods’ line of International Coffees, which added connoisseur of fine flavors to the instant coffee category and elevated the at-home coffee experience. And Starbucks has obviously been a disruptive innovation, turning coffee into a destination experience worth paying a lot more for.

“Innovation is the specific instrument of entrepreneurship…the act that endows resources with a new capacity to create wealth.” ― Peter F. Drucker

In a given category, disruptive innovations come first and are then followed by a series of progressive innovations, with sporadic breakout hits interspersed. Eventually, the market is disrupted once again, starting the cycle anew.

Although  disruptive innovations have the potential to yield the greatest benefit to a company, it is not necessary that it will lead to immediate market success. Because disruptive offerings differ significantly from the existing products, they often require time to gain market acceptance.

“You have to take your own bold approach, and if you do you will be rewarded with success. Or calamitous failure. That can happen too.” ― Steven Moffat

Analysis of revenue and consumer buying patterns:

  • Sustaining: Immediately moderate, then tapering off.
  • Breakout: Rapidly strong, then quickly dropping to a lower level.
  • Disruptive: Longer gestation period leading to exponential growth.

For disruptive undertakings, success typically requires different development processes,

different approval and funding mechanisms, and different performance expectations. At

times, work on a disruptive innovation gets stalled in a system that is optimized for the creation of sustaining offerings. For the success of a project a company should tailormade their approach depending on the goals.

“Innovation is an evolutionary process, so it’s not necessary to be radical all the time.” ― Marc Jacobs

To support the ultimate goal of generating immediate revenue, companies should classify each of its new product concepts within the framework of sustaining, breakout, or disruptive. This allows a company to manage risk and reward at a portfolio level.

Categorizing innovations using this framework is an effective way to ensure that target outcomes are in line with the expectations. Companies are able to focus their innovation efforts by clearly stating that they are prioritizing the development of breakout products and consciously minimizing the exploration of disruptive opportunities.

“Do not get obsolete like an old technology, keep innovating yourself.” ― Sukant Ratnakara

 

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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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Services

 

Our Indian law firm provides intellectual property law support services to domestic and foreign clients. We offer cost-effective IP consulting services in all areas of intellectual property law ( patents, trademarks, utility model or design) in India. The law firm works 365/24/7 and offers customized full services to wide array of clients from fortune 500 companies to mid size foreign intellectual property law firms. Over the years, we take pride in creating value for the customer.

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Patent Services in India

Patent Drafting| Protection of Inventive Concepts:

Preparation of Utility Patent Applications:

We at Tech Corp International Strategist provide drafting of patent applications (provisional/ non-provisional) specifically in life-sciences, food technology, automotive, image processing, communications technology, aerospace, computer-implemented inventions and software,  mechanical, electrical, electronics, wireless communication, and pharmaceutical sector.

Patent Drawings/Illustrations : 

  • Developing patent drawings/figures using state of the art systems.
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  • Infringement Analysis/Equivalent Search including Claim Mapping Chart
  • Patent Information Search
  • Patent Searches for the state of the art
  • Competitor’s Patent Search
  • Patent Compliance Services: 

Our team of technical patent experts review the patent application to create and protect infringement-free patent specification for protecting the client’s innovation.

Competitors Patent Review Services : 

  • On-going competitor patent review and analyzing scope of the patent claims.
  • Preparing Patent Office Actions Responses: 
  • Handling all Office actions, hearing before the patent examiner and PTO correspondences.

Patent proofreading : 

Proofreading of Patent specifications to draft flawless patent application.

Patent Analysis & Portfolio Management:

Our team of expert patent lawyers understand the technology in question and then categorize a patent portfolio of a company according to the needs of the client. We conduct a market analysis in terms of identifying active companies, their areas of technical expertise, and find the family of the patents filed in different jurisdictions. We find the main players in the field of a patent on the basis of commercial viability, infringement aspects, strengths and weaknesses, find the key parameters for future research and analyze licensing terms for a particular patent.

Filing & Prosecuting of Patent Applications :

  • Regular patent application, ordinary patent filing before the Indian Patent Office
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For more details please contact us at legal_desk@patentbusinessidea.com

Intellectual Property Contract Drafting & Review Services

  • IP Contractual matters
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  • For more details please contact us at legal_desk@patentbusinessidea.com

Trade Mark| Brand Protection Service in India

  • Brand Opinion Services
  • Trade mark  Clearance Searches
  • Filing of trademark applications, registration procedure
  • Trade mark Renewal
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  • 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

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  • Copyright Registration
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  • Preparing, filing, and prosecuting design patent applications;
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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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Provisional Refusal of International Trademarks in India

 

Under the Madrid System, Trademarks are registered worldwide in a convenient and cost-effective way. The Madrid Protocol is one centralized system to apply for protection of trademark in 115 countries by filing a single application.

“An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”. – Daniel J. Boorstin

When an applicant who is interested in a global Trademark files an application for registration of its trademark with its respective Intellectual Property Office (IP Office), the information is given to the International Bureau of World Intellectual Property Rights. The International Bureau of World Intellectual Property Rights examines and closely inspects the application based upon the requirements of Madrid Protocol. If the application fulfils all the criteria, the trademark is published in the International Gazette of Trademark and thereafter it is notified to all the designated countries.

“If you want something new, you have to stop doing something old” ― Peter F. Drucker

The Indian Trademark Office examines and allots an International Registration Designating India (IRDI) number to every International trademark registration designating India received from the International Bureau of WIPO.

The Brand trademark is examined by the trademark examiner on the basis of its uniqueness and similarities to trademarks registered and in the pipeline before the Indian Trademark Registry.

“It isn’t all over; everything has not been invented; the human adventure is just beginning.” ― Gene Roddenberry.

If there is any objection while examining the trademark application, for protection of such trademark registration in India, a Provisional refusal is notified to the International Bureau of WIPO within 18 months from the date the International registration was notified to India.

“Innovation is the specific instrument of entrepreneurship…the act that endows resources with a new capacity to create wealth.” ― Peter F. Drucker

Trademark Objections under Provisional Refusal In India

The objection is raised under Section 9(1) (a) of the Trade Marks Act 1999, if the mark is not unique and as such it is not efficient to distinguish the services of one person from those of others.

The objection is raised under Section 11(1) of the Trade Marks Act, 1999, if the mark is similar to the trademarks previously filed. There exists a possibility of confusion on the part of the public.

“Excellence must be achieved through the eyes of those who judge us; once achieved it can only be maintained with constant innovation.” ― Tom Collins.

Provisional refusal is basically an Examination Report containing objections.  The International Bureau provides the details of such provisional refusal to the trademark applicant of the International Trademark registration and records the provisional refusal in the International Register along with the date on which the notification was sent.

The provisional refusal is also published in the WIPO Gazette, with an indication as to whether the refusal is total (i.e. relates to all the goods and services covered by the designation) or partial (i.e., relates to only some of those goods and and services covered).

“Innovation needs preparation, collaboration and the light of the soul. Every challenge provides that light – a greater depth of understanding about life and truth.” ― Amit Ray,

How should the International Trademark applicant respond to Provisional Refusal Issued by the Indian Trademark Office under the Madrid Protocol ?

The normal deadline to revert to trademark objections raised by the Indian TrademarkOffice is 1 month from the date of receipt of the provisional refusal notification by the trademark applicant.

The International trademark applicant can also engage a trademark agent or an Indian trademark attorney having address in India by executing a Power of Attorney in the favour of the agent/attorney in the Form TM-48.

For an extension of timeline to respond to trademark objections, the Indian trademark attorney can file FORM TM-56 application for extension of time by 1 month prescribed by Rule 79 or by rule 80(4) and is at the discretion of the trademark office.

The Trade Marks Registry (TMR) office of India then considers the response of the trademark applicant of the international registration and may either confirm the refusal or move for advertisement of the international registration in the Trade Marks Journal.

“Be the initiator of things you wish to see, but can’t see. Be the originator of things you wish you feel but can’t feel.” ― Israelmore Ayivor,

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.

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

 

8 things about Sarahah app you must know before downloading
band lawyer india, INTELLECTUAL PROPERTY STRATEGY, MARKET ENTRY strategy, Startup Attorney India, Startup India Strategist, Startup Lawyer India, venture capital financing

“Sarahah(.com)”- Take home lesson for Entrepreneurs

Take home lesson for Entrepreneurs- Sarahah(.com)

“Sarahah” has been Viral. The app has been a trend in few days. You would have surely come across this app named Sarahah.com in some way or the other unless you are living in a nutshell!!!

“Take up one idea. Make that one idea your life — think of it, dream of it, live on that idea. Let the brain, muscles, nerves, every part of your body be full of that idea, and just leave every other idea alone. This is the way to success.” –  Swami Vivekananda

Sarahah was created to take positive feedback anonymously. The sharing of ‘feedbacks’ on social media & the user engagement clearly shows the Virality of this app. In a way it brought out multiple sides of human sentiments.

From “constructive feedback” to “being a victim of cyber bullying” you would have seen it all in past couple of hours.“It’s not about ideas. It’s about making ideas happen.” Sarahah has been able to engage users universally, but there are certain take home lessons for startups that they should take care of while building a product or service. Building a startup is a very tough and long term process. You have to think for long term Sustainability and Scalability.

“Entrepreneurship is neither a science nor an art. It is a practice.” – Peter Drucker.

What we can learn from success of Sarahah.com “Do’s”

1) WOW Marketing (Word-OF-Mouth)The purpose of a business is to create a customer who creates “customers”.”WOW Marketing” is when a consumer’s interest for a company’s product or service is reflected in their daily dialogues. Best of the companies in the world have used this strategy and this is the best marketing strategy a product can get. So you need to create “a product so good that after using it, people would share it in their social circles.

If you see it in the case of Sarahah- The trend was set by some early users who wanted to take feedback about themselves by sharing good or interesting feedbacks on Facebook. This encouraged other users to try this app!!! 

2. User-friendliness of the product/service

One thing that should always be considered is the userfriendliness of the product. The product should be so simple and instinctive that it can be used with an equal proficiency by a child or an adult wheather or not the individual is a “Tech-Savvy”

It’s easy to make things look hard but hard to make things look easy.

Most of the startups want to build a product with multiple features to enable more users to use it. But a product loaded with multiple features would confuse the user.

Sarahah is extremely simple to use. A feedback seeker has to simply create an account and share the URL – that’s it. A feedback giver has to merely write the feedback in plain simple text.

3. Emotions make us human

“The greatest fear in the world is of the opinions of others. And the moment you are unafraid of the crowd you are no longer a sheep, you become a lion. A great roar arises in your heart, the roar of freedom.” ― Osho

Sarahah became viral because people want to take & hear positive feedback / positive things / good things about themselves as it would make them feel “valuable”. A user should be able to connect with the product/service at an emotional level. In that case he/she will surely use it – atleast for once.

What NOT TO DO while building a Startup.

1). Build Real Value for the Customer 

While building a startup take care that you are solving a real problem and delivering real value to the customer.

“Don’t find customers for your products, find products for your customers”

In order to build repeatitive engagement, target a group and solve some real problem that your target group is facing. Websites like Sarahah are build to capitalize Human Emotions. They will be able to attract a lot of people to use them but for a small period of time. But as an entrepreneur, you should think whether you want mere Users or Customer?

“Be genuine. Be remarkable. Be worth connecting with”.

2. Trends Come & Go, Startups Stay 

When you are building a company think about the “long term goals”. User Retention, Active Users and Repeat Rate are very important factors for a startup. Make sure that your product/service is able to engage users for a longer period of time and there is a repeat rate, else your product might go viral, but will be useless in the long term. Just like Sarahah, 100s of things go ‘viral’ and become popular very quickly, but then they sputter out with the same speed.

“Strive not to be a success but rather to be of value”- Albert Einstein

3. Money is the Oxygen for your company

A business is nothing without its clients. Whether you provide product or services, you won’t survive unless individuals or other businesses retain their interest and are willing to pay to use the product / service continuously.

Monetization happens when you are able to deliver real value to the customers because the customers will never hesitate in paying for the value he/she is receiving.

“Making money isn’t hard in itself …. What’s hard is to earn it doing something worth devoting one’s life to”- Carlos Ruiz

In the haste of building a company, early stage entrepreneurs do one common mistake! They do not think about building a rock solid revenue model. Even though apps like Sarahah go viral but they don’t have a monetization model built in them which is ok for a short period of time but it’s deadly in long term.

“The Entrepreneur always searches for change, responds to it and exploits it as an opportunity”- Peter Drucker

The effort required to launch a new venture can seem daunting. Do your research, pick everyone’s brain, find a mentor that’s experienced in entrepreneurship, review business case studies and focus on delivering real value to the customers.

At Tech Corp International Strategist (TCIS), we help Startups to Raise Funds & Assist Foreign Companies to find Right Business Partner in India. We assist enterprises to enter INDIA and find RIGHT Angels, and Venture Capitals in Malaysia, Singapore, US, UK, Japan and India. We believe that for protecting your innovation in India, your startup idea and our intellect is the perfect combination.

Every business has a #strategy. We at TCIS facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point.

Co Author-

Aanchal Verma

Associate at TCIS