How to compare your mark with the objection-conflicting-marks?
This post would try to summarize the technicality of the Trademark’s Examination Objection process and how to counter the conflicting marks and support your application.
As a owner of your trademark, you are absolutely right in believing that your Trademark application for registration is distinctive.
You may have found your mark’s distinctiveness during your Trademark Search stage. Your Distinctive trademark will not give you any conflicting marks. Otherwise, if your conception is similar or deceptive then there is a high probability that your trademark application will face an objection during the examination.…
Why compare your trademark search with the conflicting mark(s).
You may be aware that before you file a Trademark application, it is your duty to do a trademark-search of your trademark. Secondly, after you file your Trademark application, your application might face an objection under Section 11, when the Trademark Examiner finds similar marks on the Trademark Registrar, that results in a bunch of conflicting marks that might have been reported retrieved by the Trademark Examiner. Hence, under both these circumstances, doing a Trademark Search and making a technical comparison is a mandatory process, which requires a skill …
Enforcing the Trademark Rights through the Police action
(Sections 103, 104, 105 & 115 of the Trademark Act 1999.)
Though the Police have powers to take action against the trademark infringement, not all infringement cases can be handled through the Police Department. for the limitations defined in Sections 103, 104, 105 & 115
Section 115 captioned as follows.
Cognizance of Certain Offences and the Powers of Police Officer for Search and Seizure
It is important to read subsection 3 and 5 of Section 115 of the Trademark Act 1999. Section 115(3) defines that the offences only under section 103 or …