Posts Tagged: trademark

Legal

IPR Protections: Before and After Launching the Startup

Nike, the famous footwear brand, lost a legal case against the small clothing business for its iconic slogan of 1988, "Just Do It". How? In 1980, a small business in the U.S. trademarked this phrase for use in clothing. Nike did nothing to protect its own intellectual property rights, ultimately resulting in Nike losing its trademark in the U.S.

Legal

Check the Trademark Class for your Business

Before applying for TM Registration, the very first thing that a person must do is determine the class or classes under which their products or services fall. There are a total of 45 TM classes that cover various goods and services. Classes 1 to 34 cover goods and classes 35 to 45 cover services.

Legal

8 things you must be aware of if you are a startup

As entrepreneurs, we want to innovate, experiment and do every thing possible in a different way. In this fast-pacing world, survival is the most important element for any new business that is being set up or is already there in the market. But, when it comes to legal structure, I'm sure nobody wants to run their brains and would keep it as simple as possible.

Legal

International Trademark Registration

The registration of a trademark in the domestic market is rather different from that in the international one as the benefits provided to the proprietor in both the cases differ significantly. The registration process provided for both of them is also different. Encouraging the registration of trademarks internationally was made possible because of the Madrid System. India consented to the system by becoming a signatory to the Madrid protocol and a member of the World International Property Rights Organisation (WIPO) in 2013.

Legal

All about Series of Marks

Series marks or Series of trademarks refer to a plurality of marks which have either a common suffix or prefix. The 'Mc' series in McDonald's is an excellent illustration of a series mark. This family of trademarks includes McCafe, McPuff, Chicken McNuggets, McVeggie, and many others. It is a relatively new concept, however, there are some provisions for it in the Trademarks Act of 1999. Series marks help form an association amongst the products as they fall within the same family of marks and distinguish them from the other range of products. These series of marks can be registered within one application whereby certain particular characters can be granted additional protection.

Legal

Importance of Certification Mark

Often we come across advertisements of a Prestige cooker stating that the product is 'ISI certified' or a warning issued in public interest asking the buyer to check their jewelry for a 'hallmark.' A certification mark is a label on a product that shows it meets established standards and regulations. It assures consumers that the product is high-quality, meets specific requirements, and has the necessary documentation.

Legal

Collective Marks and their Advantages

"Collective mark" means a trademark capable of distinguishing the goods or services of members of an organization of persons which are not a partnership within the ambit of the Indian Partnership Act, 1932, which is the owner of the trademarks from those of others, it is so defined in section 2(1)(g) of the Trade Marks Act, 1999. They are used by associations to relate themselves with a level of quality or accuracy. Associations have to ensure compliance of specific quality standards, only then the members can use the mark. The owner of the collective trademark can even be a public entity or a cooperative. The organization should be of a kind that is capable of suing and being sued. The primary purpose of a collective mark is to protect the consumer against misleading practices. Any group of people with a common goal may be considered a collective.

Legal

How to Amend a Trademark Application

A trademark application, once submitted, can be subjected to specific changes to correct some information that had been provided by the applicant at the time of submission. The correction or an amendment to the application may be necessary for various reasons like incorrect entry or inaccurate filing of the trademark application. The Trade Marks Act 1999 and Rules 2002 authorize rectification of any error in the application made for a trademark. A wrongly registered mark or a mark wrongly remaining on the register may also be rectified under the Trade Marks Act.

Legal

What are different IPR Legislations and their implementation tools?

The concept of Intellectual Property Rights can be traced back to the 15th century when Venetian Law in 1474 gave us insight into what the concept of patents was and later, it was the invention of the Guttenberg’s printing press in the same century that introduced us to the world of copyrights. The doors to Intellectual Property Law have remained open, ever since.

Legal

Upcoming Challenges in IPR and the Way Forward

The modern global society is propelled forward by the power of ideas and the wavelength of those ideas. All of its aspects and especially, the economy, is heavily dependent on the nature and uniqueness of ideas. Such ideas had a far-reaching propensity to drive a dynamic society forward and that driving force resulted in the prominence of Intellectual Property Rights (IPR) .and the laws relating to it.

Legal

Ways to Commercialize IPR

Intellectual Property (IPR) was introduced in India from year 1957 through The Copyright Act, 1957. From then six amendments have been made on The Copyright Act, 1957. Trademark was introduced in 1999 through Indian trademarks act 1999. Intellectual property is basically a way to register an Idea or a mark etc., so that others cannot copy it and use it for their own benefit. Rather than creating IPR the value of IPR lies in its commercialization. Companies by use of IPR derive benefits to compete with market. Intellectual Property is an asset for a company whether it’s a startup or an old firm and its market value is could be cashed by means of IPR.

Legal

Reply to a Trademark Objection

After an application for trademark registration is made, it is examined by the trademark examiners. The examiners analyze all the aspect of the trademark application and thus makes sure that the application and the trademark aspired is up to the requirements and within the legal aspects, If the examiner found some issues in the application, they put these objections in the form of trademark examination report, which is uploaded in the official website of the trademark office.

Legal

Trademark Assignment

According to Trademarks Act, 1999 “trademark”, is a mark which can be represented in a graphical form and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and the combination of colours.

Legal

What are the requirements for Trademark Renewal?

Trademark renewal is the process to renew the trademark timely for enjoying its benefits and giving legal protection to it. Also, it is necessary to register the trademark on time so that it should not be removed from the register of trademark known as trademark journal.

Legal

What is Trademark Licensing?

A trademark is a word, name, symbol which is associated with some goods and services. The purpose of providing symbol of trademark is to distinguish the product of one industry from another. A trademark not only gives the owner exclusive right to use mark but allows the owner to prevent the other to use the similar mark which may lead to a confusion among the general public. A trademark in India is governed by Trademark Act, 1999 and Trademark Rules, 2017.

IPR Protections: Before and After Launching the Startup

Check the Trademark Class for your Business

8 things you must be aware of if you are a startup

International Trademark Registration

All about Series of Marks

Importance of Certification Mark

Collective Marks and their Advantages

How to Amend a Trademark Application

What are different IPR Legislations and their implementation tools?

Upcoming Challenges in IPR and the Way Forward

Ways to Commercialize IPR

Reply to a Trademark Objection

Trademark Assignment

What are the requirements for Trademark Renewal?

What is Trademark Licensing?

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