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Trademark Opposition New Rule and Old Rule comparison

February 12, 2018Counterstatement, Evidence in Reply by Opponent, Evidence in Support of Application, Evidence in Support of Opposition, Further Evidence, Notice of Opposition, Requirements of Notice of OppositionLaw, TrademarkLeave a Commentdevaskic

Trademark Opposition New Rule and Old Rule comparison
Trademark Rules 2017 has new changes when compared to earlier Trademark Rules 2002. Particularly, with regard to the opposition, opposition counter, and affidavit evidence.

The following table clarifies the replaceable Rule numbers under the new rule 2017.

Trademark Act/Rules	Act 1999	Old Rule 2002	New rule 2017
Notice of Opposition		47	42
Requirements of Notice of Opposition		48	43
Counterstatement		49	44
Evidence in Support of Opposition		50	45
Evidence in Support of Application		51	46
Evidence in Reply by Opponent		52	47
Further Evidence		53	48
Exhibits		54	45, 46, 47

…

Trademarks, Reply awaited against the office objection where Examination report dispatched by 31/07/2017 S -Z

October 10, 2017Intellectual Property, objection reply, TM Rules, Trademark, Trademark Rules 2017TrademarkLeave a Commentdevaskic

9 18-OCT-1 S
8-Aug-16 S
27-Jun-17 S
23-Sep-16 S
6-Sep-16 S
22-Jun-17 S
8-Jun-16 S
3-Feb-17 S
17-Mar-17 S
14-Jul-14 S
20-Jun-17 S
30-Nov-16 S
27-Jun-17 S
28-Nov-16 S
7-Feb-17 S
27-Jun-17 S
28-Feb-17 S
1-Mar-17 S
18-Oct-16 S – Boys
29-Jun-17 S & E
29-Jul-17 S & M
28-Jun-17 S & M
12-Jan-16 S & M Endeavors Inc.
12-Jan-16 S & M Endeavors Inc.
1-Mar-17 S & S
29-Sep-16 S & S COACHING
13-Jul-16 S & S SYSTEMS
27-Jun-17 S & T
3 29-JUL-1 S (DEVICE)
4 29-JUL-1 S (DEVICE)
27-Jul-17 S (DEVICE)
13-Jan-16 S (DEVICE)
6-Apr-15 S (DEVICE)…

Trademarks, Reply awaited against the office objection where Examination report dispatched by 31/07/2017 B – F

October 10, 2017Intellectual Property, objection reply, section 11 objection, section 9 objection, TM Rules, TM Rules 2017, Trademark Rules 2017TrademarkLeave a Commentdevaskic

Trademarks, Reply awaited against the office objection where Examination report dispatched by 31/07/2017
22-Jun-17 B
16-Mar-17 B
18-Oct-16 B
7-Nov-16 B
18-Oct-16 B
28-Jun-17 B
28-Jul-17 B
28-Jul-17 B
21-Jul-17 B
24-Jun-17 B – 2 BASE BRAND
21-Jun-17 B & B BUTTONS & BOWS
29-Jun-16 B & B CONVENT
28-Jul-17 B & B GROWING
28-Jul-17 B & B GROWING
28-Jul-17 B & B GROWING (LABEL)
27-Jun-17 B & B POWERTEK
27-Jul-17 B & B THE GRILL HOUSE
29-Jul-17 B & GTRADE
28-Jan-16 B (DEVICE)
21-May-15 B (DEVICE)
27-Jul-17 B 20
10-Sep-16 B BARONO (device)
18-Oct-16 B BARREL
17-Oct-16 B BEBO …

Trademarks, Reply awaited against the office objection where Examination report dispatched by 31/07/2017

October 10, 2017conflicting marks, examination reply, objection reply, trademark replyTrademarkLeave a Commentdevaskic

Reply awaited againnt the office objection where Examination report dispatched by 31/07/2017

7-Nov-16 ” ACCOUNTS IS NOTHING BUT ONLY LOGIC, CONCEPT, ANALYSIS & REVISION”
0 27-JUL-1 ” AMRIT KALASH”
15-Jun-17 ” L.R. LILLY RESORT ”
5 27-JUL-1 ” RUPALI-KADAM KADAM HAMSAFAR”
1 27-JUL-1 ” Shaktiman Sona”
1 27-JUL-1 ” SUPER STAR GOLD”
2-Jul-16 ” THE PATIALA KKITCHEN ”
4-Mar-17 “00”
29-Jul-17 “2 VITA”
29-Jun-16 “2gether”
2-Jul-16 “905 BASMATI RICE”
23-Jun-17 “A HEALTHY START”
4 11-OCT-1 “AAROGYA”
10-Sep-16 “AG”
15-Jun-17 “Aggarwals Shah ji Hardware”
4-Jun-16 “Akash” BOAM BOAM
5 28-JAN-1 “AKHIL BHARATIYA VAISH SAMAJ”
27-Jul-17 “ALASKA”
6-Jun-16 “ALMIGHTY”
27-Feb-17 “ALTUSH”
1-Jul-16 …

TM Objected examination reply fees

October 4, 2017Reply Fees, Startup Trademark., Trademark Abandoned, Trademark Examination, Trademark Objected, Trademark Power of AttorneyTrademarkLeave a Commentdevaskic

TM Objected examination reply fees
Trademark Office, Examiners generate the examination/Objection report for 2 important reasons.

1) If the trademark application, it seems to be violating Section 9, Absolute Ground for Refusal or

2) If there are conflicting marks reported which may violate Section 11 of the Act.

3) Additionally, The Examiner may also place Objections/Requirements/Conditions/Restrictions, and Associated Trademark Conditions.

Generally, though the examination report is generated by the Trademark Office, Prosecution team places the examination report online immediately, but they normally despatch the report to the Attorney and the Applicant by post, without any fixed time limit. However, the …

Trademark Search Tool, Pre-Action is better than Pre-Caution. TMSearcher.in

July 17, 2017Brand, Examination, Objected, Opposed, Opposition, TM, TM Search, TMSEARCH, TrademarkEnvironment, Technology, Trademark1 Commentdevaskic

Trademark Search Tool, Pre-Action is better than a precaution.

TMSearcher.in

Most trademark databases are having a captcha code that makes it difficult to do a quick search of a trademark. The owner, the trademark agent, and trademark attorney quite often have to make a quick search over the mark in dispute, or while designing a mark, to make a comparison report with existing trademark is a tedious problem.

This web tool has been developed to solve such problem. May be you are planning to design your trademark, or evaluating a name, or want to know the status of an existing …

GST on Branded items

July 6, 2017GST, GST BRAND, GST on Branded items, GST UNIT CONTAINER, PACKED RICE, Trademark GSTPolitics, TrademarkLeave a Commentdevaskic

GST on Branded items

Summary: Any packed goods, which are having a name or label printed on the packing and such name if having status as registered then the 5% GST attracts.

Traders who are having registered trademark are more worried about the 5% GST announcement on food products. Most of them even thinking of removing their registered trademarks from the Trademark Registry by making a withdrawal of the Registered Trademark.

My suggestion to the Registered Trademark owners would be, you may hold on to the registered trademark and make it a practice to pay 5% GST. Because, when …

An important reason to file a Trademark, infringement by partner

June 21, 2017Intellectual Property, partner trademark, passing-off, TM Rules, TM Rules 2017, Trademark Rules 2017TrademarkLeave a Commentdevaskic

Trademark is a statutory right. It is a well-known fact that it is called as an intellectual property right, often called as an intangible asset. Means an asset which has no valuation, but it has potential to be evaluated.

Medium and Large companies know well about the trademarks and they must be having registered trademarks, they might have renewed at least 1 or 2 times, within last 30 years. But, for small size companies and start-ups allocating time and funds for IP asset creation is still far from the reality.

There are 3 reasons, even well-established companies, who are doing …

Trademark filing, new forms – 2017

April 11, 2017File TM-A, File TM-C, File TM-G, File TM-M, File TM-O, File TM-P, File TM-R, File TM-U, Miscellaneous ReplyTechnology, TrademarkLeave a Commentdevaskic

List of Forms and respective sub forms… Just for understanding…

TM –A (Application)

Select the type of applicant

Individual/Sole Proprietor

StartUp

Small Enterprise

Others

TM- M (Miscellaneous)

AMENDMENT OF REGULATION OF A COLLECTIVE MARK

CERTIFIED COPY OF ENTRY IN THE REGISTER (U/S 137) / COPY OF A DOCUMENT

CORRECTION OF CLERICAL ERROR OR FOR AMENDMENT U/R 37

DETAIL OF ADVERTISEMENT OF MARK

DIVISION OF APPLICATION

DUPLICATE REGISTRATION CERTIFICATE

EXPEDITED EXAMINATION

EXPEDITED LEGAL CERTIFICATE

EXTENSION OF TIME

GROUNDS OF DECISION / REVIEW OF REGISTRAR DECISION

INTERLOCUTORY PETITION

PRELIMINARY ADVICE

REGULATION FOR GOVERNING THE USE OF A COLLECTIVE TRADEMARK OR A

…

The Patent, Trademark Facilitators and the meaning of Startup

March 27, 2017Agent Fee, Attorney fee, Facilitao fee, Patent Fee, Trademark Facilitator, Trademark feeLaw, Patents, Technology, TrademarkLeave a Commentdevaskic

The Patent and Trademark Facilitators and the meaning of Startup:

How do the facilitators benefit the Startups and self?

There are two documents which should help to understand the purpose of Trademark, Patent, & Design Patent Facilitators, and How their services would help the Startups.

First Document issued by the MINISTRY OF COMMERCE AND INDUSTRY, Department of Industrial Policy and Promotion vide notification dated 17th February 2016, G.S.R. 180(E).- ‘Startup India’, which is an initiative for creating a conducive environment for startups in India. In this aspect, various Ministries of the Government of India have initiated a number of activities …

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Category: Trademark

Trademark Opposition New Rule and Old Rule comparison

Trademark Opposition New Rule and Old Rule comparison
Trademark Rules 2017 has new changes when compared to earlier Trademark Rules 2002. Particularly, with regard to the opposition, opposition counter, and affidavit evidence.

Trademarks, Reply awaited against the office objection where Examination report dispatched by 31/07/2017 S -Z

Trademarks, Reply awaited against the office objection where Examination report dispatched by 31/07/2017 B – F

Trademarks, Reply awaited against the office objection where Examination report dispatched by 31/07/2017

TM Objected examination reply fees

Trademark Search Tool, Pre-Action is better than Pre-Caution. TMSearcher.in

Trademark Search Tool, Pre-Action is better than a precaution.

TMSearcher.in

GST on Branded items

An important reason to file a Trademark, infringement by partner

Trademark filing, new forms – 2017

The Patent, Trademark Facilitators and the meaning of Startup

Trademark Opposition New Rule and Old Rule comparison Trademark Rules 2017 has new changes when compared to earlier Trademark Rules 2002. Particularly, with regard to the opposition, opposition counter, and affidavit evidence.

Trademark Search Tool, Pre-Action is better than a precaution.

Trademark Opposition New Rule and Old Rule comparison
Trademark Rules 2017 has new changes when compared to earlier Trademark Rules 2002. Particularly, with regard to the opposition, opposition counter, and affidavit evidence.