I THINK TRADEMARK IS NOT A SIMBOLE OF RECOGNITION TO ANT ONE COUNTRY, IT COULD BE ONLY SIMBOLE OF CONTINUTION/EXISTANCE OF THE BUSINESS IN PHISICALE, AS IF THE BUSINESS WERE NON EXISTANCE IN SUCH A CASE WE COULD NOT DETECT THAT IN THE SAME DIRECTION, HOWEVER TRADEMARK WILL HAVE TO BE PROVIDED AT THE TIME WHEN THE BUSINESS IS IN ENHANCEMENT , SO THE GOVERMENT MUST HAVE TO FOLLOW THE RULE OF A DEFINITE FINITE CONTINUTION WHILE GIVING OFF THE TRADEMARK , OTHERWISE CONSUMER COULD BE DECEVIED OF INACTIVE TRADE MARK,SO FIRST OFF ALL HAVE TO NOTICE WHETHER THE BUSINESS ACTIVATED OR NON ACTIVATED , IF IT IS ACTIVATED, THEN TO CONSIDER THE DISTRIBUTION OF LAW TO TRADE MARKE ON THE BASIS OF ITS CONTINUTION IN A RESULT WE CAN FIND OUT FAKE TRADEMARK AND ALSO SOUND OF LINE
More than the cost for a trademark or strength of IPR, is the illegal supression of innovations and their innovators.....TECHNOLOGY SUPPRESSION by market monopolists! First an non-profit organiation similar to "PANACEA-BOCAF" which funds and protects them innovators shud be created!
India's economy depends on innovations. Innovations need to be safeguarded against piracy and counterfieters. For which IPR laws in india needs to strenghtened. In a free trade market, violations of IPR laws are on the raise. If india is concerned about its retail sectors then it is high time that it should strengthen its IPR laws and protect it from the counterfieters. Only then, brand images in the retail market could be protected against any violations.
The author has not considered the latest amendments. The fees per classification has been increased to Rs. 3500/- and also registry initiated search was also abandoned. Now onwards, client can initiate search online.
Pls be update while you publish such articles. Otherwise it's better to stick on to your area of gossips and entertainments only!
Re: No search done by registry now.
by Akosha on Mar 22, 2011 02:38 PM
Hi PS Sreekumar,
The article was published after consulting experts in the field.
Regarding online search, while it is available, most practitioners have not found it very useful - which is why most lawyers still recommend you go for an offline search (offline search is conducted by the TM Office officials).
Regarding fees, yes - at the time of publishing this article on our website, the fee was Rs.2500. (the trademark office website even now shows it as Rs.2500). If you would be able to leave a link to the notification of new fees, that would be really useful for other readers.
Re: Re: No search done by registry now.
by PS Sreekumar on Mar 22, 2011 04:55 PM
A Public Notice has been issued on 13.01.2011 by the Trade Mark Office wherein two major changes have been introduced to the prevailing law relating to trade marks in India.
1. The official fees for filing a trade mark application in one class has been increased from Rs 2,500/- to Rs 3,500/- with effect from 29th December 2010. With regard to the applications filed between 29th December 2010 and the date of the public announcement of the hike in official fees on 13th January 2011, the additional fees of Rs 1,000/- has to be remitted within 30th January 2011. In case the additional fees is not paid by such date, the filing date of the application will be considered as the actual date when the additional fees iss paid and not the date of actual filing of the application.
2. Official trade mark searches have been discontinued
The Trade marks Registry has discontinued the practice of conducting official trade mark searches with effect from 13th January 2011. Instead, searches can now be made in the online database of the Registry free of cost. The advantages of discontinuing the official searches is that the searches will be faster now as the Registry used to take several weeks to issue the search report and it is free of cost. However the downside is that the Registry’s database is not fully updated and the results of the online search may not be accurate due to this.
Re: Re: Re: No search done by registry now.
by PS Sreekumar on Mar 22, 2011 05:02 PM
Dear Mr. Akosha Team,
1. What I tried to communicate you was that the official trade mark searches have been discontinued. Not online search. I had written that the parties can carry online search even now!
2. If your article was actually published well before this amendment, then you have to mention that date in this article. You have to intimate in this article that some recent changes were also made. Otherwise, when today we open the rediff site and found this article, what we will presume?
You should be make these things clear as most readers cant presume, this is an article which was prepared well before such notification.
The fee is now 3500/- instead of 2500/- shown in your article. Please check before posting as now it would be difficult to convince the person who will reach the TM Attorney after reading your article.
Re: Check
by Akosha on Mar 22, 2011 02:39 PM
Thank you Deepak for leaving the comment.
As replied to Mr. Sreekumar above, at the time of publishing this article on our website, the fee was Rs.2500 (the trademark office website even now shows it as Rs.2500). If you would be able to leave a link to the notification of new fees, that would be really useful for other readers.
Hey I M in Medical class. Thanks for this article. It seems may be we can put in a little effort and probably get our desired Name & Logo -registered our own.
