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trademark law in india

A Trademark that may be represented graphically and can differentiate the products or services of one person from those of others is referred to as a "trademark." A "Mark" is anything that identifies a product, such as a logo, brand, heading, label, ticket, name (including abbreviations), signature, word, letter, and number, the shape of the product, packaging, or colors.<br>India now allows registration of service marks, product shapes, packaging, and color combinations in addition to products.<br>A "Mark" is anything that identifies a product, such as a logo, brand, heading, label, ticket, name (i

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trademark law in india

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  1. TRADEMARK LAW IN INDIA www.filingbyexpert.com

  2. BEST TRADEMARK REGISTRATION IN INDIA A Trademark that may be represented graphically and can differentiate the products or services of one person from those of others is referred to as a "trademark." A "Mark" is anything that identifies a product, such as a logo, brand, heading, label, ticket, name (including abbreviations), signature, word, letter, and number, the shape of the product, packaging, or colors.

  3. ADDED REPRESENTATION: RULE 29 (1) Where the application specifies that the trademark is a three- dimensional mark, the mark's reproduction must be a two- dimensional graphic or photographic reproduction that looks as follows: (ii) The applicant may be asked to provide up to five additional distinct views of the mark and a written description of the mark within two months if the Registrar feels that the applicant's reproduction of the trademark does not sufficiently convey the details of the three-dimensional mark.

  4. iii) The Registrar may ask the applicant to provide a sample of the trademark if he or she believes that the alternate view and/or description of the mark mentioned in the clause (ii) Still do not sufficiently convey the details of the three-dimensional trademark. The applicant must specify in the application form, if relevant, that the application is for a shape trademark. The provision of Rule 29(3) must be followed when the trademark application specifies that the mark is three- dimensional. Additionally, India permits the filing of a single multiclass application for all international classes.

  5. A well-known trademark is one whose use in connection with other goods or services is likely to be interpreted as indicating a connection between those goods or services and the person using the mark in connection with the earlier mentioned goods or services. Such a mark has acquired sufficient recognition among a sizeable portion of the public who use such goods or receive such services. (a) Whether or not the allegedly well-known trademark is recognized by the relevant segment of the public, including knowledge acquired as a result of trademark advertising. (b) The length, scope, and region of any use of that brand. (c) The length of time, scope, and geographic region for any trademark promotion, including any advertising or publicity, display at trade shows, or exhibition of the products or services where the trademark appears.

  6. (d) The term and geographic scope of any trademark registration made under this Act, to the extent that they indicate the use or popularity of the trademark. (e) The history of successful trademark rights enforcement actions, including the degree to which the trademark has been acknowledged as a well-known trademark by any Court or Registrar as a result of that experience. The Registrar shall consider a trademark to be a well-known trademark for purposes of registration under this Act if any court or the Registrar has found that the trademark is well known in India in at least one relevant segment of the public.

  7. Actual or future customers, people working in the distribution chain, or members of professional networks involved in the type of goods or services When considering whether a trademark is well recognized, the Registrar is not obligated to take the following factors into account. a) India is where the trademark has been registered. b) The trademark has been registered c) An application for the trademark's registration in India has been made. d) The trademark is well known to the general public in India. e) The trademark is well recognized in any jurisdiction other than India, has been registered there, or for which a registration application has been filed.

  8. By directing the search using the trademark (TM) chief, we assist with your trademark search. We also keep a close check on the trademark logo and brand name you choose to make sure it hasn't already been registered under someone else's name.

  9. GET IN TOUCH EMAIL ADDRESS info@filingbyexpert.com PHONE NUMBER +91 9873977889 WEBSITE www.filingbyexpert.com

  10. THANK YOU

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