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Trademark

Let me start by telling you a story, a few days back, an entrepreneur reached out to us on Counsel, seeking advice on Trademark registration. His question was – I know the importance of Trademark to my business, but with the given circumstances, I might not be able to register it anytime before a month from now. My question here is, is there any other way I can portray to my competitors and customers that my Trademarking is in the process? Our discussion with this entrepreneur moved from the counsel conversation to the work kick off, but we thought Wazzeer audience should get a clear picture whether to choose R or TM for Trademark Registration.

 

 A Registered Trademark :

 

  • Gives its registered owner certain exclusive rights and is required for safeguarding the commercial goodwill and originality of goods and services.
  • According to the Section 27 of The Trademarks Act, 1999 actions will be taken against the infringers for a registered trademark while it does not happen for an unregistered one.
  • The Act lets the registered owner to approach the judiciary for infringement and can claim damages from the person who is using his trademark without his consent or approval.
  • It delivers protection to the consumers from purchasing the imitation product or the second rate quality product

 

On the contrary,

 

An Unregistered Trademark :

 

  • Doesn’t safeguard against any infringement as it is not registered under the Trade Marks Act 1999
  • Doesn’t have the right to stop a third party from using the same mark/logo/symbol
  • Though no action can be taken for infringement of an unregistered trademark a third party can be sued for passing off by The Trademarks Act 1999

 

 

The War of symbols: These symbols along with giving legal grounds for claiming damages in trademark litigation also arises certain confusions. Let’s clear the air now!

 

TM : The trademark designation notifies others that the product’s name and design are the company’s property. This symbol comes with no restrictions but conveys that you have initiated the process of registering the trademark. When used, it means that the trademark has not been registered; you are yet to claim the trademark. It specifies that the product, its name, and other things are exclusive to that individual and the company. But this does not have any legal binding. Remember that this trademark symbol does not protect the company from another company that produces a similar product or uses a similar name.

R :  This symbol is a representation of a registered trademark. It shows that the country authority has approved the registration. It is a punishable offense in India to use this symbol if the trademark has not been registered. Once a trademark is registered successfully without any objection and the certificate is issued, the proprietor can use the R logo along with the TM logo. The important thing to keep in mind is that you cannot use R symbol for an unregistered trademark. Any future companies wishing to register its own name or logo has to check beforehand to be sure that it is not like any registered trademarks.

 

In a nutshell, when a company or an individual uses the™ symbol, it means that the service or brand belongs to them; but no legal binding prevails. On the other hand, if the trademark is verified and registered, it is legally bound.

 

After few background verification of your company’s brand, you can file for online trademark application and upload your documents. Fortunately, you will be receiving the Provisional Trademark Certificate in a day or two. As soon as your trademark registration is verified you can start using ® symbol next to your company/brand name.

 

Applying for an Online Trademark Registration is way easier than the complex offline procedures. Wazzeer’s handpicked professionals help you to get through this without any hassle. Solution to any legal issue,  at the click of a button, is what we can vouch for.

Our experts are right here to align your ideas into reality. Let’s Connect ->  “Get your Wazzeer”

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IP, Trademark

Speaking of wild thoughts, imagine if Apple had trademarked its logo just under one class, say Class 9 – It Covers all types of Mobile Applications (APPS) and Downloadable Software (anyone having a Mobile Application has to get a Trademark Registered in this Class for its protection).

Sanjay a busy entrepreneur decides to start his own electronics manufacturing company (Home based automation and application development). Sanjay wanted to have a brand name that can be trademarked and can be easily remembered by the target audience.  Out of blue, Sanjay got an idea to use Apple as its brand name.

Sanjay hired a lawyer to look up if he could get his company named as Apple Technologies Private Limited; his lawyer did the due Trademark research and figured out a way that can be done.  Here are the suggestions made by the lawyer:

Trademark can be applied under two criteria: Primary Trademark Classes and Secondary Trademark Classes (the explanation would be more elaborate while Applying for the Trademark, below Descriptions are for your Reference and understanding only)


Primary Trademark Classes –

Class 35 – E-commerce Platform, Business Operations, Consulting, Promotions and Advertising Services(this covers your Amazon or Uber type integrated portal).

 

Secondary Trademark Classes – 

 

  • Class 37 – Cleaning, Washing, Repairing Services related to Household Work, Construction Work etc, (it majorly covers the domestic Help provided in Household Work, in other words, it covers major work that would be done by a Domestic Helper i.e. a SMART CHOTU while a person would be booking them on your platform)

 

  • Class 42 – Covers Designing of Website and Mobile Applications; Maintenance of Mobile Application and Websites. (this is done when you have an IT team to do changes and maintenance of the Website and Application)

 

Ironically, Sanjay would have got the Trademark approved very easily unless Apple files an opposition. Yes, the Trademark Act has all those provisions, which is why Multi Class Trademark Registration is suggested.

 

Multi-Class Trademark Registration simply means:

An application for registration of a single trademark can be made in respect of goods and/or services in one class. If in case you choose multi-class registration, then you are required to apply for registration those many times. Example: In case you choose to trademark under class 1 and class 35, then you need to apply for trademark registration twice, one class at a time. The applicant should specify the goods and/or services in relation to which the application is made. A specification that claims registration for all goods, products or services etc. in a particular class would be regarded as wide.

 

The take away:

Entrepreneurs little do they know about the fancy Laws and regulations, but as a business owner being aware and taking the right decision for the company is always in your hand. It is advisable to have a Trademark registered in all your relevant Trademark Classes for Complete Protection of your Brand. Majorly because of the fact that if someone else tries to Copy, Infringe or Misuse the same name and Trademarks it in your Relevant Class, then you would lose all the rights over your BRAND in that specific Work domain.

 

Once Again, reminding you of the benefits Trademark Registration:

  • Exclusive Right on Your Brand Name & Logo.
  • You Become the True Owner of Your Brand Name & Logo.
  • It Protects your Brand Name & Logo from being Copied by someone else.
  • You get the Power to Sue anyone trying to Infringe your Brand Name or Logo.
  • If someone else Trademark’s your Brand before you then you would lose all the Rights over your Brand and will be stuck in years of Litigation.


Start-up process entails complex procedures and many bureaucratic hurdles, entrepreneurs are better off using professional services. Hiring a virtual lawyer and virtual accountant can save time and help ensure that the process goes smoothly. For any Legal and Accounting support, Happy to help you, 
let us talk! 🙂

 

 

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Trademark, Uncategorized
The Government on March 6, 2017 notified a new set of trademark rules which have replaced the old rules constituted way back in the year 2002. The main idea behind the change is to help expedite the approval process and increase filings, both of which have shown positive trends over the past few months. While the examination time for an application has been brought down from 13 months to just 1 month in January 2017, official figures suggest that filings have jumped 35 per cent in 2015-16 against the previous year. Here are a few important things you should know that have changed in the Trademark rule:
  1. Ease of doing business: One of the most important things is that the total number of forms that an applicant had to fill out has been reduced from a monumental 74 to a quite reasonable 8.

  1. Slashing of cost: The new rules have hiked fee for Trademark application to Rs. 9,000 but application fee for individuals, start-ups and small enterprises has been kept to Rs. 4,500 only (Government fee)

  1. Clarity in the approval process: To make a business doing easier, the method to determinate well-known trademarks has been clarified for the very first time. Provisions relating to the expedited processing of an application for registration of trademark have been extended up to the registration stage. Until now, they were only till the examination stage.

  1. Quick disposal: Concept of video conferencing has been introduced in the new rule and the number of adjournments in opposition proceedings has been limited to two by each party, these measures are surely going to help in disposal of cases on time.

Wazzeer is vouched by Entrepreneurs as the most reliable Legal and Accounting Partner. We would be super excited to help you. Let’s Connect! 🙂
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The Government on March 6, 2017 notified a new set of trademark rules which have replaced the old rules constituted way back in the year 2002. The main idea behind the change is to help expedite the approval process and increase filings, both of which have shown positive trends over the past few months. While the examination time for an application has been brought down from 13 months to just 1 month in January 2017, official figures suggest that filings have jumped 35 per cent in 2015-16 against the previous year. Listing the top 4 changes in the new rule that you should know:
  1. Ease of doing business: One of the most important things is that the total number of forms that an applicant had to fill out has been reduced from a monumental 74 to a quite reasonable 8.

  1. Slashing of cost: The new rules have hiked fee for Trademark application to Rs. 9,000 but application fee for individuals, start-ups and small enterprises has been kept to Rs. 4,500 only (Government fee)

  1. Clarity in the approval process: To make a business doing easier, the method to determinate well-known trademarks has been clarified for the very first time. Provisions relating to the expedited processing of an application for registration of trademark have been extended up to the registration stage. Until now, they were only till the examination stage.

  1. Quick disposal: Concept of video conferencing has been introduced in the new rule and the number of adjournments in opposition proceedings has been limited to two by each party, these measures are surely going to help in disposal of cases on time.


Wazzeer is vouched by Entrepreneurs as the most reliable Legal and Accounting Partner. We would be super excited to help you. Let’s Connect! 🙂
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Trademark, Trademark

Copyright is given to creative artists for their creations. Copyright is done to protect original work of authorship including books, articles, photographs and other creative works. An idea itself cannot be copyrighted. A work must be in a fixed, tangible form to be protected. It gives right by providing legal evidence and public notice of ownership. It lasts the author’s lifetime, plus an additional 70 years. Read on to understand the Copyright Registration Process in India.  


Who typically seeks Copyright?

  • Authors
  • Artists
  • Choreographers
  • Architects
  • Other creative professionals.

 The Process for Copyright Registration

First you need to apply for copyright registration by filing the form. Then registration application is allotted to a Copyright officer, who decides whether the application is accepted or rejected after examining it. After examination is done you will need to wait for mandatory 30days for any objection to be filed against your claim. If ?no objection is filed within 30days then registration is accepted. But if there is an objection then a hearing is called before the hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Copyright registration. If not opposed then the Copyright registration certificate will be given.  

Documents Required for Trademark Registration

-Date of using the Logo/Tagline (Any supporting document for the same)
-Power of Attorney signed by the applicant
-Softcopy of the Logo/Tagline



Wazzeer is vouched by Entrepreneurs as the most reliable Legal and Accounting Partner. We would be super excited to help you. Let’s Connect! 🙂
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