Search Trademark

In the Indian Union, trademark (brand name) rights arise through use as a trademark. There is no legal requirement to register a trademark. However, there are multiple benefits to having a trademark registered with the Indian Trade Marks Registry (TMR).

Trademark registration is perhaps the most important piece of a company s intellectual property protection program. Without trademark registration, a company relies solely upon common law rights in the geographic area in which it uses the trademark. Most significantly, without registration, a latecomer may register a mark identical or similar to the company s mark. This registration by another user may block the expansion of the company s use of its trademark in other areas or may block the

company s later attempt to register its trademark. That s definitely a hard pill to swallow for the company which could have averted these problems with early registration. If the company had registered it prior to the other user, the TMR would have denied the other s same or confusingly similar trademark. In addition, the company would always have rights superior to the latecomer, and would not be blocked in its expansion plans.

Continue Reading »

While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings.

Many people are under the impression that they can perform their own comprehensive search utilizing the help of search engines, in addition to the United States Patent and Trademark Office (herein referred to as the USPTO). While it is a good idea to become familiar with the USPTO website, individuals sometimes believe that the

data they collect from this website is truly representative of the trademarked names which are currently being used. The USPTO s website is never a thorough way to search the name you re hoping to trademark! The website is not updated regularly, and in addition to this, you can ONLY search Federal trademark records on the USPTO, NOT State trademark records OR Common-Law records!

Continue Reading »

It is easier to get in trouble with a website than you might think. What follows, then, are a few tips to help keep your website clear of problems. A word of caution: the law is changing in this area, and the specific facts of each case make a huge difference.

1. DOMAIN NAMES

a. Before you register a domain name, be sure to check for existing trademark registrations. If you don t, and there is a pre-existing trademark, your domain name may be taken away from you.

Continue Reading »

If you are looking at putting together a business, especially a large one, there are a lot of requirements that you, as the owner or the proprietor, must be able to meet. Local business permits and state regulations are just the beginning.

Then there is as any other paperwork that various organizations and associations deem appropriate for your particular situation. So, while you are spending so much time making sure you have all your ducks in a row, why not take a few more minutes and register a trademark?

Continue Reading »

Yes and no is really the only way to answer this question. While there are some great preliminary sites anyone can access for free, that is NOT a clear cut indication of what s out there in terms of company names, service names or product names.

Only comprehensive research will tell you if a name is truly available.

Let’s take a look at some free, preliminary sites and where they fail to be comprehensive:

The [http://www.uspto.gov]USPTO Web Site: You’ll be able to search some of the Federal trademark files at this site.

Continue Reading »