Trade Marks

Trade marks Store

Brand Status Report

A Brand Status Report provides a comprehensive overview of your trademark’s current standing in the registration process. It helps track the progress of your application, ensuring there are no objections, oppositions, or pending actions that could delay approval. By regularly reviewing your brand status, you can stay informed about renewals, potential infringements, and legal compliance. This report acts as a safeguard, allowing businesses to proactively address any challenges that may arise.

Trade Marks Filing

Trade marks registration can be obtained for a business name, distinctive catchphrases, taglines, or captions. Properly used and promoted, a Trade marks may become an intangible asset of any organization. It is used by the company or individual to create an identity and authenticity for their brand. It tells the public that this is a particular brand he/she is looking for by distinguishing it from the available rest thus making it trustworthy.

TM2R

The TM2R trade marks represents the progression from a temporary trademark (TM) to a registered trade marks (R). Initially, the TM designation indicates a claim to the mark, while the subsequent registration process involves submitting a formal application to a trademark office. This process includes addressing any objections raised during examination and providing necessary evidence and explanations.

Brand Pro

A brand is an identity that distinguishes any company from other similar brands. A brand image and reputation are essential to enhance its position in the industry and capture the market. It helps to establish a unique identity among the competitors and rivals in the industry. It helps people to easily identify brands from other competitors.

TM Amendment

Trademark Amendment is a legal change made when you want to make changes to your application. Some common Trade Marks Amendments are:

Change of Address – When you change the registered address of your company.
Change of Goods/Services Details – When you change the type of goods/services the Trademark is used for.

How to make a Trade Marks Amendment:

You need to apply by filling out the TM-M form.
You need to pay the relevant official documents and fees.
The Registrar will verify the reason and approve the amendment.
Only minor changes are allowed to be amended.

Important : Major changes (such as changing the brand name) will be considered as a new Trademark Application.

TM Transfer

Completely transfers the trademark and transfers the ownership to another company/individual. Example: XYZ Company purchases the brand "ABC" in full — all rights, royalties, and revenue from it belong to XYZ.

Partial Assignment : Only some of the products/services in the trademark are transferred. Example: Although the ownership of the decorative products of the brand "ABC" is transferred, the right to manufacture the fabric remains with the previous owner.

With Goodwill :Transferring the brand name with its current value (Goodwill). Example: Transfer of the brand "Coca Cola" with its name, market value, and company-specific value.

Without Goodwill : Once the trademark is transferred, the new owner cannot use the value of the previous trademark. Example: Even if Company X transfers its European market rights, the Indian market rights will remain with the same company.

Documents required for Trademark Transfer:

Trademark Assignment Agreement – A formal agreement.
TM-P Form – A form to register a Trademark Assignment.
Power of Attorney (POA) – A legal authority to transfer ownership.

Trademark Registration Certificate – A Certificate or Application Number where the trademark is registered. ID Proof & Business Documents –Company / Individual legal details of both parties.

TM Renewals

Registered trade marks have a 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning 6 months before the date of expiry. Even if you forgot, as even large organizations tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal.

Opposition

Trade marks Opposition is instituted by a third party after the application is accepted by the Trade marks Registry. This is a very important and critical stage in the trade marks registration procedure. After the trade marks fulfills all the initial requirements i.e. the distinctiveness factor and has got approval from the registry regarding its registrability, it is finally advertised in the Trademarks journal for inviting any third-party opposition.

Rectification

A trade marks is a unique symbol or mark that distinguishes one product from the other. For ease of understanding, it can be compared to a birthmark that is unique to a person. To ensure that the trademark is unique and exclusive, the proprietor must register it as per the conditions laid down by Trade marks Act and Rules.

Notice

A Trademark Legal Notice is a formal way to inform others that a particular word, logo, symbol, or phrase is protected under trademark law. It helps assert your trademark rights and can deter unauthorized use.

Types of Trademark symbol :
™ (Trademark) – Used for unregistered trademarks to indicate that the owner claims rights over the mark.
℠ (Service Mark) – Similar to ™ but used for services instead of goods.
® (Registered Trademark) – Used only for trademarks officially registered with the relevant trademark authority (e.g., IP India in India).

Purpose of a Trademark Notice:

Puts the public on notice that you claim rights over the mark.
Helps in enforcing trademark rights in case of disputes.
Prevents others from using similar marks for related goods/services.

Example of a Trademark Legal Notice:

If someone infringes on your trademark, you can send a Cease and Desist Notice asking them to stop using your mark. A legal notice may include:
Details of the Trademark – Registration number (if applicable), owner’s name, and description.
Details of Infringement – How and where the mark is being misused.

Demand to Stop – A request to cease using the mark immediately. Legal Consequences – Possible legal actions if infringement continues.

Would you like help drafting a trademark legal notice? Call or What’s App - 93604 48184.

Case

What is Trademark Infringement?

Trademark infringement occurs when someone uses a registered trademark (or a confusingly similar mark) without permission, leading to confusion among consumers about the source of goods or services. This can harm the brand owner’s reputation and business.

Key Elements of a Trademark Infringement Case:

To prove trademark infringement, the following elements must be established:

Valid Ownership of the Trademark:
The plaintiff (the trademark owner) must have a legally registered or well-established common law trademark.

Unauthorized Use of the Mark:
The defendant (infringing party) must be using the mark without permission.

Likelihood of Confusion:
The unauthorized use must create confusion in the minds of consumers regarding the origin of goods or services.

Similarity of Marks & Goods/Services:
The marks should be similar enough to cause confusion. If both businesses operate in the same industry, infringement is more likely.

Damage to Brand Reputation or Business Loss:
The trademark owner must show that the infringement is harming their brand or causing financial losses.

Examples of Trademark Infringement:

Using a brand name similar to a famous trademark (e.g., selling "Nikie" shoes to mimic "Nike").
Copying a logo that closely resembles a registered trademark.
Using another company’s slogan or tagline without permission.
A new business using a well-known brand name in a related industry.
Legal Actions in a Trademark Infringement Case

Cease and Desist Notice:
The trademark owner usually starts by sending a legal notice to the infringer, asking them to stop using the mark.

Filing a Lawsuit:
If the infringer refuses to comply, the trademark owner can file a lawsuit in a court of law.

Court Remedies & Punishments:

Injunction – Court orders the infringer to stop using the mark.
Damages & Compensation – The infringer may have to pay financial damages.
Seizure of Goods – Counterfeit or infringing products may be confiscated.
Criminal Punishment – In some cases, there can be fines or imprisonment.

Famous Trademark Infringement Cases:
Yahoo Inc. vs. Akash Arora (1999, India)
A person created a website called "Yahoo India!" similar to Yahoo.com. The court ruled in favor of Yahoo, as it caused consumer confusion.

Amul vs. Amul Café
A café used "Amul" in its name without permission. Since "Amul" is a well-known brand, the court ruled against the café.

Apple Inc. vs. Samsung (Global Case)
Apple sued Samsung for using designs and features similar to the iPhone, leading to a major legal battle.

How to Avoid Trademark Infringement?