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Business with unregistered Trademark
04-May-2023 (In Trademark & Copyright Law)
Would like to open a franchisee with a brand that has filed to get their Trademark registered. Recently found out that their Trademark application is still in "Objected" status and although they have filed the response to the Examination Report it's been 10+ months, the status is the same. Trademark Application Date: 29th Oct 2015 Examination Report Date: 27th Jun 2016 Reply to Examination Report: 01st Jul 2016 Now the things we would want to know is 1. Does it take this much time to get response to examination report reply? If not, then should we probe them to get answers from their solicitors ? 2. Also, lets say we open the franchise in the hope that the Trademark will get registered this time and started operations, but worst case scenario, the Trademark application is "Rejected" then what happens to their business and people doing business with them ? Can we still continue but just not have protection rights OR cannot continue at all and need to shut? Any other advice?
Hello,
Yes usually the trademark office delays in prosecuting cases. Recently the trademark rules have been amended and for faster processing the official fee is 20,000 for individuals. Start ups and small enterprise. Otherwise 40,000. Unless I see the objection I cannot say if ur mark will be rejected. Further prior user is most imp. If u continue to use which prior to the conflicting marks then there is no issue. You can contact me for further assistance.
Yes usually the trademark office delays in prosecuting cases. Recently the trademark rules have been amended and for faster processing the official fee is 20,000 for individuals. Start ups and small enterprise. Otherwise 40,000. Unless I see the objection I cannot say if ur mark will be rejected. Further prior user is most imp. If u continue to use which prior to the conflicting marks then there is no issue. You can contact me for further assistance.
Helpful?
23+
23+
Adv. Heena Merchant
Mumbai | 25+ Answers
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It is imp. to note that, Trademark is not a right granted due to application/registration but it is right granted due to the use of it.
Yes, the franchise model is dependent on the intellectual property right including trademark.
Also, yes, it does take a long while for the registry to respond to a reply to their examination report.
Your decision to continue depends on the use and brand recall value or goodwill of that brand.
You should definitely consult a lawyer for details.
Yes, the franchise model is dependent on the intellectual property right including trademark.
Also, yes, it does take a long while for the registry to respond to a reply to their examination report.
Your decision to continue depends on the use and brand recall value or goodwill of that brand.
You should definitely consult a lawyer for details.
Helpful?
11+
11+
Adv. Roshni Lachhwani
Mumbai | 100+ Answers
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