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

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

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, as the your Trademark will not be your name but it will be your name and the middle name. Read More

Posted on 02 Oct 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Trademark Journal and on the Certificate of Registration.   Read More

Posted on 19 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The legal requirements to register a trademark under the Act are: · The selected mark should be capable of being represented graphically (that is in the paper form). · It should be capable of distinguishing the goods or services of one undertaking from those of others. · It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person. Read More

Posted on 18 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

IPRs are territorial rights and can be acquired in the territory of the country having an IPR law. That is, IPR acquired in one country cannot be enforced in another country. The TRIPS Agreement lays down only certain minimum standards of protection and enforcement of IPRs by its Members through enactment of such national laws and regulations. The TRIPS Agreement, however, allows Members to have higher levels of protection than the minimum standards laid down in it, thus leaving the flexibility to Members to have ‘TRIPS plus’ laws and regulations. The developed countries are moving toward higher, enhanced standards of IPR protection to evolve TRIPS-plus regime. These higher standards are now making an appearance in various free trade agreements (FTA) that these countries are negotiating and entering into with their trading partners. Since these provisions go beyond minimum standards established under TRIPS, they may take away the flexibilities (for example the ability to issue compulsory licenses for medicines required in public health emergencies) that exist in the TRIPS Agreement. These negotiate rules and commitments in bilateral, sub regional and regional agreements that go beyond the multilateral level in WTO. Read More

Posted on 02 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Here are a few pointers that will help you understand this better.Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.Read More

Posted on 31 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The Agreement on Trade related Aspects of Intellectual Property Rights of the WTO is commonly known as the TRIPS Agreement or simply TRIPS. TRIPS is one of the main agreements comprising the World Trade Organisation (WTO) Agreement. This Agreement was negotiated as part of the eighth round of multilateral trade negotiations in the period 1986-94 under General Agreement on Tariffs and Trade (GATT) commonly referred to as the Uruguay Round extending from 1986 to 1994. It appears as Annex 1 C of the Marrakesh Agreement which is the name for the main WTO Agreement. The Uruguay Round introduced intellectual property rights into the multilateral trading system for the first time through a set of comprehensive disciplines. The TRIPS Agreement is part of the “single undertaking” resulting from the Uruguay Round negotiations. This implies that the TRIPS Agreement applies to all WTO members, mandatorily. It also means that the provisions of the agreement are subject to WTO dispute settlement mechanism which is contained in the Dispute Settlement Understanding (the “Understanding on Rules and Procedures Governing the Settlement of Disputes”). The TRIPS Agreement is one of the most important agreements of the WTO. Read More

Posted on 02 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately 20 days after filing. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a 2 years to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Current status information on trademark applications and registrations may be obtained by logging on to www.trademarks4india.com Read More

Posted on 19 Feb 2017 | 1 Answer