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What is Infringement of Trademark in India ?

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Read and come along if you want to know about the Infringement of Trademark in India. After submission of the trademark application, the trademark passes through several checks and the status of the application changes. When the trademark status is " marked for exam ", the examiner checks the mark for everything and generates the report. So, if the mark is duplicated or copied the reason will be mentioned as an infringement with all the relevant details. What is the Infringement of a Trademark? Trademark infringement, in generic terms, is the unauthorized usage of a mark that is alike or deceptively similar to a registered trademark. It means a breach of rights under the Trademark Act 1999. Situations considering a person infringing the trademark: The mark is deceptively similar or identical to the other mark, which has registration under the Trademark Act, 1999 and has a relation with the same line of goods and services. The similar or

Trademark Status Objected | You Should Know Everything About It

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  A trademark is a logo (emblem), symbol, tagline (promotional sentence), or a combination of both that identifies a brand. After trademark registration online often during the registration process, the trademark registrar raises objections to the intended (premeditated) trademark in violation of the rules and regulations of trademark registration. Therefore, the status changes from marked for exam to objected. So, here I have explained what does trademark status objected means and how to fix it.   In case of trademark status objected, a long comprehensive reply should be filed within one month from the objection issue date.   If the Examiner/Registrar raises objections in the examination report, the status of your Trademark Application will appear as Objected.    After the application scrutinizes, the examiner can raise the objections under the Trademarks Act Section 9 & 11.   For example, there may be chances of objections under section 9 when the examiner or r

Advertised Before Accepted Status in Trademark

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  If you have applied for trademark registration online  and the application is accepted by the registrar. It will appear as advertised before accepted status in trademark.  First, the firm will have to publish the application in the journal. When a trademark accepts, it is known as Approved and Advertised.  When an officer orders (ABA) advertised before acceptance, it is put on, as TradeMark in the journal to know about objections from other users.   Concept According to Section 20 of the Trade Marks Act, 1999:  When an application for the registration of a trademark accepts (subject to the situations or restrictions) by the official, it posts in the trademark journal under the name of the applicant. The official can arrange for the application to announce before acceptance.  If it relates to an existing trademark that applies to the application in Section 1 and Section 11, it accepts under exceptional circumstances. Wh

Trademark Business Name | A Full Guide You Should Know Before Apply

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  Starting up a business is always a dream, but sometimes one may face challenges from the competitors. One invests his life in making a brand name and seeing someone else using your name brings you down the hill. Therefore, the solution is to trademark business name. Getting a trademark is not a difficult task. It requires only a few steps and is easily achievable by going for  Trademark Registration Online . Steps to Trademark Business Name Step 1 The first step is trademark search. It generally costs about 0-500. This process is necessary as it is required to verify whether your business name or logo is already a trademark.  Agent searches within the trademark office for any similarity. At most, it takes 4 hours to do it. There are two types of searches:- online and offline. It is advisable to conduct both searches to avoid any future legal actions. Step 2 It is about applying to the trademark office. After the search, the agent will create an application if the busine