Trade mark In Ministry of Corporate Affairs
4 months ago
I've selected a name for my hotel business but after a year I come to know that, there is a problem called trade mark ™️ miss use. I have come to know that there were few resorts and business use the same name before and they have the trade mark too. What can I do now to rectify it and what are the other ways that i came add a word or other names to the prefix or suffix of the existing name. Thus that make sense to this problem?
A.Dear Client,
A brand name, logo, or trademark is considered intellectual property and plays a crucial role in distinguishing the goods and services of one brand from another. To protect a logo as a trademark in India, it should meet the criteria defined under Section 2 (zb) of the Indian Trade Marks Act, 1999. Companies Act, 2013 mandates that a company name should also not be similar or identical to a registered trademark. Therefore, any Entrepreneur having a unique business name idea can get the brand name registered to prevent the registration of a company or LLP with a similar or identical name. If an aggrieved party seeks rectification or cancellation of a trademark, they should complete the Form "TM-26" and submit it along with the required fees to the appropriate authority, which may include the Trademark Registry with jurisdiction, the Appellate Board, or the Tribunal, depending on the circumstances and where an order related to rectification may be issued. Typically, a Trademark Rectification application is filed at the trademark office where the original registration application was initially submitted. Consult with a trademark attorney or agent for guidance through this process.
A brand name, logo, or trademark is considered intellectual property and plays a crucial role in distinguishing the goods and services of one brand from another. To protect a logo as a trademark in India, it should meet the criteria defined under Section 2 (zb) of the Indian Trade Marks Act, 1999. Companies Act, 2013 mandates that a company name should also not be similar or identical to a registered trademark. Therefore, any Entrepreneur having a unique business name idea can get the brand name registered to prevent the registration of a company or LLP with a similar or identical name. If an aggrieved party seeks rectification or cancellation of a trademark, they should complete the Form "TM-26" and submit it along with the required fees to the appropriate authority, which may include the Trademark Registry with jurisdiction, the Appellate Board, or the Tribunal, depending on the circumstances and where an order related to rectification may be issued. Typically, a Trademark Rectification application is filed at the trademark office where the original registration application was initially submitted. Consult with a trademark attorney or agent for guidance through this process.
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A.Dear client,
According to the Companies Act of 2013 the ministry of corporate affairs won't allow any two companies or LLP to have the same name.
It is adviced to change your trademark as it is already taken, for amending the trademark application of yours you will have to file a trademark application with the Indian Trademark Registery. The procedure of application is given in Trade Mark Act of 1999 and Form TM-M is required.
Thank you.
According to the Companies Act of 2013 the ministry of corporate affairs won't allow any two companies or LLP to have the same name.
It is adviced to change your trademark as it is already taken, for amending the trademark application of yours you will have to file a trademark application with the Indian Trademark Registery. The procedure of application is given in Trade Mark Act of 1999 and Form TM-M is required.
Thank you.
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