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A legal proceeding certificateis an indispensable document during a court case involving a trademark or a legal battle. It is the document that certifies that a trademark application is in litigation or opposition and thereby allows the applicant to enforce their rights pending the decision. If you have any such issues, Vijay's Muthirai.com will be your reliable partner in obtaining this certificate quickly and accurately.
Steps to Apply for a Legal Proceeding Certificate
The trademark office allows the application to be made offline or online, and the modalities are introduced by the process the trademark office has. Below are the steps to apply for a legal proceeding certificate:
Submit a Formal Application
Initially, you need to file a request for an official trademark record with the Trademark Registry. During the litigation or opposition of a trademark, this request will indicate that a legal proceeding certificatewill be required. Vijay's Muthirai.com can also help us draft and put this application in as required.
Provide Necessary Documentation
If so, you will need to submit your trademark certificateof registrationwith this form. These documents tell the trademark office everything that it needs to know about the trademark and its legal position.
Apply for the Certificate Online
A lot of trademark offices let applicants file applications for the legal certificate using their e-filing system. Vijay ’s Muthirai.com, enables you to get through the application online without any errors; with their help, you won’t have to worry about uploading the wrong documents and submitting them.
Receive the Legal Proceeding Certificate
The legal certificatewill be issued by the Registrar of Trademarks after the mark is approved to indicate that the trademark is under legal consideration. In ongoing court proceedings or in cases of trademark opposition, this document can be important.
Choosing Vijay's Muthirai.com, your trademark rights are safeguarded during an ongoing legal dispute with professional help in securing the legal proceeding certificateefficiently.Introduction
Trademark registrationis required to protect the identity of a corporation and ensure its generic survival. Vijay’s Muthirai.com, a trademark consultancy in Chennai, could help to a great extent in ensuring the logo receives appropriate protection from imitation. Regardless of whether you require basic brand registration, logo registration, or complete protection for your business name, trademark protection is an unalienable factor for establishing your economic presence on the market.
Acquiring Protection Against Unauthorised Use
Trademark registration is one of the most important benefits, which helps the owners protect their brands from misuse. By seeking the services of a TM consultantor trademark consultant,your TM filing and trademark filing should be done in the right manner so that no other businessman has the right to use the identity of your brand and that the trust of the market is retained.
Raise credibility and a company’s market position.
Trademark registration with the help of the trademark registration consultantsis not only a legal protection of the trademark but also the elevation of its reputation. This applies whether or not one is registering the company name while taking brand name registration; it gives the brand a professional outlook, which can help gain the trust of those clients and investors.
Legal, Professional Overview
A registered trademark provides you control over your brand, and you can take legal action against anyone who tries to convincingly imitate your brand. This level of protection is important, particularly in areas of closely contestable commodities where the emulation of brands is rampant.
Ensure Long-Term Brand Security
Trademark registration is vital to safeguarding your brand's long-term stability. Your brand's worth increases as your firm expands. Trademark registration helps you expand into a new market, partner, and franchise, knowing fully well that your brand is protected by the law.
Vijay’s Muthirai, a trademark registration consultant in Chennai, helps companies have the proper legal fundamentals to ensure their proprietary rights are protected both in the present and in the future.
Conclusion
In conclusion, acquiring trademark registration is one of the smartest and most profitable processes that every company should perform to protect its identity and develop in the constantly rising competition. Vijay’s Muthirai.com, a reliable consultancy that deals in trademark registration in Chennai, will help you protect your business fully and let you concentrate on growth and expansion.
Trademark can be a unique word, name, symbol, design, or the perfect combination of all the above. Trademark law protects and distinguishes the goods and services of manufacturers and indicates the source of goods to protect the brand. To protect the brand under trademarks, one has to register the brand under the trademark registry. Even after registration, the brand might get removed from the trademark registry through section 45 of the trademark act. Section 45 act specifies that if a particular trademark was not in use in the past three preceding years since the time of registration, removal of the trademark is possible from the trademark registry. But trademark owners can challenge section 45 for brand name on dispensing the proper evidence of use of the trademark in the past three years for the goods and services listed in the trademark application.
Now let us focus on knowing what kinds of evidence are required to challenge section 45?
AT&T intellectual property II, L.P v Lecours, Herbert, 2017 FC 734, a well-known trademark, whether AT&T had shown sufficient trademark protection documents for trademark use for the trademark GO PHONE covered under trademark registry for prepaid telecommunication service and wireless voice messaging service. Registrar of Trademark associated at lower level rubbed the registration by finding that AT&T served the target customers of the United States not for Canada over the previous three years. Registrar also found promotions and other advertisement services to Canadian customers in submitted evidence. Still, there was no evidence of services offered for Canadian customers, and the Canadian customers had to leave Canada to the United States to avail themselves of services. So as per the registrar, AT&T did not constitute use of the trademark in Canada. AT&T appealed at the federal court against the registrar's decision. As per the Federal opinion, Canadians had to purchase the required hardware for setting up the GO PHONE account in The United States was not relevant and had to be still purchased from time to time to avail of prepaid services. Though AT&T could not show the necessary evidence of GO PHONE sales in Canada, the federal provided the evidence to AT&T and said Canadians could purchase GO PHONE in Canada and allowed AT&T to maintain its trademark registration.
A trademark is a sign, word, design, or emblem registered under a trademark registry by a company or an individual to represent their goods and services. You can avoid infringement or legally battle an infringer by having evidence of first use of the brand. Trademark registration helps the brand to have legal proof of ownership.
What are brand and logo?
Brand/Logo is a sign, symbol or emblem used to distinguish the source of origin. It is used for the identification of the specific quality of the product or service and represents goodwill and the niche of the business. Using a brand for any business for a long period of time can create brand loyalty among customers. A unique brand or logo will leave a lasting impression on the customers' experience.
Muthirai in Tamil synonymously refers to identity, legal seal, registration, stamping, etc. Muthirai.com is poised to uphold ethical values of creativity leading to the business identity and aggressively voices to safeguard all your business intellectual property.
Trademark registration is very inevitable in all business concerns. A trademark will mean a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A registered trademark is the exclusive property of the owner of the trademark. There are trademark rules and laws to protect trademarks in India. Muthirai is a trademark registration company in Chennai. Muthirai offers all the solutions for the trademark requirements in Chennai.
Muthirai has been in the logo registration for many successful years being one of the reliable trademark registration concerns in Chennai. Along with trademark registration services we do all the needful for the company registration. We also render our service of government plot approvals. Our whole team of professionals, who have been in the field for quite some time, are very clear about their goals. We consider our nature of work as a service. It is very apt to say "Trademark Registration Services."
Our IP experts simplify your trademark registration process
Protect your brand name, logo, slogan & brand design with our trademark experts.
Welcome to the world oftrademark registrationand brand protection,where even the most recognizable companies can end up in the middle of intense legal battles over the smallest details.
While these disputes seem strange on the surface, they each reveal important truths about the complexities of brand protection.
You probably know Apple Inc. as the company behind your iPhone, but did you know they had a long legal battle with the Beatles? Yes, that’s right—The Beatles' company, Apple Corps, fought Apple Inc. for decades over the rights to the name “Apple.”
How It All Started
In 1978, Apple Corps, the company owned by The Beatles, filed atrademark objectionagainst Apple Inc., which was then a new tech company founded by Steve Jobs. Apple Corps claimed that the name "Apple" belonged to them, even though they were in the music business and Jobs’ company was focused on computers. But the shared name between the two companies quickly became a big issue.
The two companies settled the dispute in 1981. The agreement was straightforward: Apple Inc. agreed to stay out of the music business, while Apple Corps would retain its rights in the music world.
The Rise of iTunes
For a while, the two Apples kept to their respective industries. But that delicate peace crumbled in 2003 when Apple Inc. launched iTunes, a platform that allowed users to purchase and download music. Apple Corps saw this as a clear violation of the originaltrademark registration agreement.
The newtrademark hearingwas inevitable. Apple Corps argued that Apple Inc. had crossed into their territory by getting involved in music distribution. Meanwhile, Apple Inc. argued that selling music digitally was different from traditional music production. The fight went on for years, with millions of dollars spent on legal fees. This sparked one of the most famoustrademark objectioncases in modern business history.
The Final Settlement
The legal battle raged on, with both companies fighting to defend their trademarks. The turning point came in 2007 when both parties finally reached a settlement. In an unexpected twist, Apple Inc. purchased all rights to the "Apple" trademark from Apple Corps, allowing the tech company to dominate the digital music space. In return, Apple Corps retained certain rights to use the name in connection with its Beatles-related business.
What made this case fascinating was the fact that two companies from completely different industries—music and technology—could find themselves locked in a legal battle for decades, all because of one shared name.
With the 2007 settlement, Apple Inc. emerged as the victor, solidifying its role as a leader in both the tech and digital music industries. Today, when you hear the name "Apple," you're far more likely to think of iPhones, iPads, and MacBooks than the Beatles' iconic music catalog.
But this case serves as a powerful reminder of how important it is to secure and protect yourtrademark Chennai. Whether you’re a small business just starting out or a global brand looking to expand, ensuring that yourbrand registrationis watertight can prevent costly legal disputes in the future.The trademark hearing will happen when there is a dispute or confusion in the trademark register application. The Muthirai trademark examiner will examine your registration application carefully. And you will be called for a trademark hearing when the examiner or any third party finds issues in the application.
The trademark show cause hearing will provide a great opportunity for both parties to explain their clarifications neatly to the judge during the hearing.
The process of a trademark hearing is as follows:
1. If the trademark examiner finds any issues in your application for trademark, you will be called for hearing. The examiner will also include the objection report along with it.
2. You can give the trademark objection response by providing all the legal documents that add value to your argument. You should also attach the evidence and other proofs that say your trademark is unique.
3. Sometimes, the examiner will be satisfied with the response given by the trademark applicant. In other cases, you might be called for a trademark hearing. The time and venue will be given to you to attend the hearing process. You must give the further explanation about your trademark directly in front of the trademark authority. You must never miss the day of hearing.
The final decision will be taken by the registry after hearing and analyzing all the proofs and documents given by you. If the issue is still on hold, you must attend the further hearings. And if the issue is resolved, you can proceed with the further trademark registration process.
Check whether you carry the below-mentioned documents along with you during the hearing process:
The trademark application, the trademark objection document sent by the authority, your trademark objection reply, evidence, licenses, or the assignment copy that can be shown as proof, the search report that proves your trademark is unique, any legal arguments, and a witness.
As a key takeaway, if you find any difficulties to face the trademark show cause hearing or if you want the legal assistance, then consulting the trademark lawyer is the wise option.
We all know that trademark registration is important to protect our brand namefrom being used by others in business.
By registering our company's trademark, we are protecting our brand identity, the efforts we put in to develop the brand, and many other niche things. But sometimes we will neglect to apply for registering the trademark as we do not know the registering procedures.
Read this article and get to know the 360 view of registering the trademark effortlessly.
Below are the Complete Details About the Online Trademark Registration:
1. Through the trademark registrationportal, it is possible to register any of the trademarks, including the company's name, logo designs, images, content, sound marks, videos, or graphics. We can apply for a trademark for any one of these things or even its combinations.
2. The head office for trademark registration is located in Mumbai. However, its branches are available in places including Ahmedabad, Chennai, Delhi, and Kolkata. The applicants can either directly visit the locations for registration or utilize the official online portal.
3. Here are a few steps involved in registering in the online portal. You need to login to the official account and fill in the necessary details that are asked for in the form TM-A. There are certain regulations that must be followed while logo registrationor images. The image must be in JPEG format. Adding to this, the size of the image must not exceed 2 MB.
4. Finally, it is necessary to pay the online trademark registration fee online through any of the payment modes. You will be receiving the application number as a sign of acknowledgement after the online registration process gets completed.
In case you find any difficulties in registering the trademark onlineor directly, you can contact the trademark registration consultants. They can help you with the process effortlessly.
The trademark, once registered, will be valuable for up to 10 years. Later, you must apply for trademark renewal. The application, after the submission, will be evaluated by the officer.
Thus, the brand registrationonline can be done easily by following these steps.The trademark examiner will review your application and either approve the trademark or provide a trademark objection. Trademark rejection is a serious issue where the application is totally rejected due to various reasons. However, on the other side, a trademark objection means your application is on hold. You need to rectify the mistakes and reapply for the trademark approval within the deadline. Or else, you can provide the objection reply.
You need to read the objection note carefully to identify the issue.
1. If the trademark objectionreason says that there is confusion in the trademark (it means that there may be an existing trademark with this name). Then you must verify whether it is true or not. If there is, then changing the trademark name is necessary. Or else, you must collect evidence by doing market research that your trademark is distinctive.
2. You need to prepare a proper response for the objection. For this, you need to check the trademark laws and collect the evidence. You can also get assistance from a trademark lawyerto prepare a trademark objection response. The attorney's professional guidance will provide you with a valuable objection response.
3. The objection response must have a summary of the objection, an argument and evidence, and also the conclusion. After preparing the objection letter draft, verify it and send it within the timeline mentioned. You can track the application status now and then.
Here are some reasons for trademark objection: The applicant might have used the incorrect form to file the trademark application, never filed from TM-48, inaccurate information in the application, the wrong category of products/services is chosen, and the and the trademark fails to have a specific distinguishing character.
The trademark attorneywill help in identifying the niche issue by analyzing the trademark objection report. They will also assist in filing the document and other legal procedures involved in submitting the objection response. If required, they will communicate with the officers in the Trademark Consultantto get the details that are required.
Hence, if you face any difficulties in giving the trademark objection reply, getting help from these professionals would be a great idea.Applying for the trademark application is not a one-step process. The process involves lots of steps, including filing the trademark application without error, choosing the correct category of your business in the application, providing accurate data, etc. If you miss these steps or submit the application for trademark approval with mistakes, then the process may get denied or put on hold. This will delay proceeding with your business further.
Here are some tips given by Muthirai, one of the best trademark consultants in Chennai.
1. You must not utilize any generic terms (common names of the objects) as a trademark. For example, using the term "bike" or "motorcycle" as brand names for your products is NOT allowed. Hence, while choosing the trademark, be careful of avoiding those generic names.
2. Similarly, the words that are descriptive must also be avoided. For example, the words "best quality,” “high quality,", "good services" are descriptive words that express the quality of your product or services. Hence, these words must not be in the trademark.
3. The trademark that you are trying to register must be unique. If the trademark is similar to any other mark in the industry, then undoubtedly your trademark application will get rejected. To avoid this scenario, you must make a thorough search in the database. For this, you can get the trademark registration experts.
4. If you fail to look after your trademark, then it will lead to infringements. You must also carefully look after the timeline when submitting the updated application. Delay in submission will cause trademark cancellation.
You can get help from a trademark attorney for filling out the trademark application. Though the process can be done by individuals, the expert advice will help in avoiding the mistakes in application. Finally, there are possibilities of getting trademark approval without delay or denial.
If you are struggling to write the exact description about your products or services, then the
will guide you. By this way, mistakes are avoided, and you can be stress-free while submitting the trademark for approval.
Applying for the trademark application is not a one-step process. The process involves lots of steps, including filing the trademark application without error, choosing the correct category of your business in the application, providing accurate data, etc. If you miss these steps or submit the application for trademark approval with mistakes, then the process may get denied or put on hold. This will delay proceeding with your business further.
Here are some tips given by Muthirai, one of the best trademark consultants in Chennai.
1. You must not utilize any generic terms (common names of the objects) as a trademark. For example, using the term "bike" or "motorcycle" as brand names for your products is NOT allowed. Hence, while choosing the trademark, be careful of avoiding those generic names.
2. Similarly, the words that are descriptive must also be avoided. For example, the words "best quality,” “high quality,", "good services" are descriptive words that express the quality of your product or services. Hence, these words must not be in the trademark.
3. The trademark that you are trying to register must be unique. If the trademark is similar to any other mark in the industry, then undoubtedly your trademark application will get rejected. To avoid this scenario, you must make a thorough search in the database. For this, you can get the trademark registration experts.
4. If you fail to look after your trademark, then it will lead to infringements. You must also carefully look after the timeline when submitting the updated application. Delay in submission will cause trademark cancellation.
You can get help from a trademark attorney for filling out the trademark application. Though the process can be done by individuals, the expert advice will help in avoiding the mistakes in application. Finally, there are possibilities of getting trademark approval without delay or denial.
If you are struggling to write the exact description about your products or services, then the
will guide you. By this way, mistakes are avoided, and you can be stress-free while submitting the trademark for approval.
Is trademark registration a complex process?
Do the business owners really need the assistance of a trademark consultant?
What if I get stuck in the process of trademark registration?
Let us find answers for all these questions in this article.
Though the trademark registration process seems to be simple, actually it is not.
The legal framework for registering the trademark is the same throughout our country. The applicants can utilize the online trademark filing portal from any part of India to file for trademark registration. However, the trademark law varies according to jurisdiction. Hence, the role of trademark registration consultants is vast in understanding the law rules and filing the registration, abiding by them.
The business owners require the help of the consultants in the trademark registration process for the following reasons:
1. Before filing for registration, the trademark must be searched properly from various sources—whether the trademark is unique to pass the copyrights issue. The trademark consultants will search the database completely and then proceed with registering.
2. The company's brand name or logo must be classified under the correct trademark category. If it is not done, the registration can be denied approval. Hence, the experts have experience in defining the classification.
3. Even the small error in the application may put the trademark application on hold. The data given in the registration document must be completely authentic and correct. The brand registration professionals might have done these works before. Therefore, they can help with this process.
You need not panic if you are struck in the middle of the registration process.
One must understand that there are several stages for a brand to get trademark approval. The process involves applying for registration, examination of the trademark's uniqueness, examining the trademark application, publication, and finally either approving or denying the trademark.