Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- (1) Trademark Registration provides the proprietor with the right for exclusive usage of the trademark with respect of the services or goods covered under the mark. (2) Once you have registered the trademark, it prevents others from copying or using it. (3) You may also sell or license your trademark. (4) Trademark provides legal protection for your brand name. (5) It helps build an image in the market place.Read More

Posted on 19 Feb 2017 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- (1) As per the Trademarks Act, 1999 statute that lays down the laws for Trademarks in India. (2) A trademark can be a registered trademark as well as an unregistered trademark. (3) Registration is not mandatory in India, but it is advisable to do so. However, both have certain benefits and drawbacks. (4) A “registered trademark” confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services. (5) An “unregistered trademark” is one which does not possess legal benefits.Read More

Posted on 19 Feb 2017 | 3 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- It's not permitted in law to use or copy existing trademark for your goods or services mark.Read More

Posted on 16 Mar 2016 | 2 Answers

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 05 Jul 2019

The victims of cybersquatting can deal with it in the following ways:- Arbitration under ICANN’s rules, Trial in a State or Federal court. For a fast track form of resolution, a case could be filed with the registry handled by National Internet Exchange of India (NiXI). In India, the Information Technology Act, 2000 contains no provisions to punish cyber-squatters nor does it provide for any legal compensation but, the registry has taken steps to provide compensation to the victims. Still not clear with the information you can consult our IPR law experts in India they can help in your case.Read More

Posted on 29 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jun 2019

With respect to your query, the legal opinion is as under:- (1) Please note that a trademark can be registered in country or internationally., Kindly check in the register of the trademark in India or USA or Internationally if the questioned trademark is registered or not. (2) The prior user of a trademark is given preference irrespective of later registration. (3) You can also collect evidence with complete information as to who is the prior user. (4) Based on the result of aforesaid advise, you may proceed with the registration.Read More

Posted on 18 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted on 14 Jun 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 03 Jun 2019

To register a company you need to first have a permanent registered address. There are four steps in registration process as follows, 1. Acquiring Digital Signature Certificate(DSC) 2. Acquiring Director Identification Number(DIN) 3. Filing an eForm or New user registration 4. Incorporate the company You also need to mention whether its a public limited or private limited. You can consult an expert corporate law lawyer in India, who will tell you how to register your company in details. READ: Procedure for Trademark Registration After registering your company you can apply for trademark registration. For the same you need to follow certain steps: 1. Your first step should be to selecting the trademark. In this step, you will have to choose a mark that suits your company and make sure to keep in mind that the mark is not offensive in any way. 2. Now, once you have selected the mark of your choice, you would need to do a trademark search where it is seen as to whether the trademark is acceptable or not. 3. Now, you can file the application for trademark online and submit your mark. The mark will then go through Vienna codification where the mark will be categorized under one of 45 classes. 4. At this point, you will be allowed to use the “Tm” symbol with your trademark. 5. After the Vienna codification process, the application will be forwarded to trademark registration office where the application will be checked for errors. If there are no errors, the trademark goes into the journal for a set period of 120 days. 6. If there are no objections from any third party within these 120 days, you would be given the registration or trademark and you can use ”R” symbol with your mark. To do trademark registration of your company, you can consult an experience IPR lawyer in India, who will help you in getting the trademark registration of your company. READ:  Importance of Trademark RegistrationRead More

Posted on 17 Apr 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 07 Feb 2019

Trademark is a kind of Intellectual Property of business in form of a name, word, label, logo, slogan, symbol, numeral or device used to differentiate its goods or services from the other goods or services of similar form or use. A Trademark, when registered, becomes the Intellectual Property used for commercial purposes by the company and gives certain Intellectual Property Rights (IPR). These IPRs prevents anyone from using, selling, copying or distributing the registered Trademark without proper permission or license. Any person which can be individual, company, proprietor or legal entity claiming to be the owner of the trademark can apply.  A Trademark registration can be done if it is distinctive and original. Any mark that is identical or similar to an already existing registered Trademark cannot be registered. Any trademark that is deceptive, offensive, generic or containing a protected emblem cannot be registered. The Trademark Act, 1999 lays down the provision for registration of Trademark and the Controller General of Patents Designs and Trademarks deals with trademark registration in India. Once the ® symbol is assigned to the Trademark, it is valid for 10 years, which can be easily renewed for another 10 years. The process to register a Trademark online includes preparing an application for Trademark registration after all the documents are submitted. After this, the application or the Trademark registration form is submitted to the Trademark Registrar for approval. The owner can start using the Trademark immediately after the application is submitted. The application is then processed and open to objections. In case of no objections, the Trademark Registrar publishes an advertisement in the trademarks journal and after 6 months, the Trademark is registered. Documents required for filing a Trademark Application in India: Trademark or logo copy Applicant details like name, address and nationality and for a company: the state of incorporation Goods or services to register Date of first use of the trademark in India, if used by you prior to applying. Power of attorney to be signed by the applicant Advantages of Obtaining Trademark Registration Prima-facie evidence of ownership of the trademark. Important asset for your business or company and contributes to the goodwill generated. Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered. Trademarks can be sold, licensed or assigned. Registration usually covers the whole of India. Protects the innocent public from buying goods of second-rate quality. Read More

Posted on 06 Feb 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

– Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark. – An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service. – Letters or numerals or any combination thereof. – The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service. – Devices, including fancy devices or symbols – Monograms – Combination of colors or even a single color in combination with a word or device – Shape of goods or their packaging – Marks constituting a 3- dimensional sign. – Sound marks when represented in conventional notation or described in words by being graphically represented. Read More

Posted on 16 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters; however, suspension inquiry letters do require a response.However, if the application has been suspended for six months or more, the examining attorney will issue an Office action inquiring as to the status of the matter on which suspension was based. For example, if action is suspended pending the receipt of a copy of a foreign registration or proof of renewal of a foreign registration, the examining attorney will inquire every six months during the suspension period as to the status of the foreign application or registration. Similarly, for applications that are suspended pending the outcome of a civil action, the examining attorney will inquire every six months as to the status of the proceeding. If the foreign application or the civil action is still pending, a statement by the applicant to this effect is a proper response. If the applicant does not respond to the suspension inquiry, the application will be abandoned for failure to respond. You should contact a trademark attorney to assist you in resolving the issue. Many attorneys here offer free initial consultation. You should contact one of them and show him/her the suspension letter and see if response is needed. Read More

Posted on 05 May 2016 | 1 Answer