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Trademark in India with a name that contains industry specific term
21-Feb-2023 (In Trademark & Copyright Law)
How can I apply for trademark in India with a name that contains industry specific terms and not get an objection? For example, I wish to apply TM for "Aries Pharma" in which Pharma denotes industry and Aries makes my TM unique. Pharma is widely used by multiple companies in India for example; Cadila Pharma, Sun Pharma etc. Also, while Aries is a registered TM in Class 5, there are multiple marks with combination / unique usage of Aries which have been granted. What are my chances of obtaining this TM and what sort of objections should I expect?
Pharma is not a coined term and one can't book it for eternity. If the prefix before pharma is unique then there should be no problem, also that go for a device mark and you can easily brand pharma under it, like many single brand retail traders are doing for example haldiram is placing it's device on the top of the packet Namkeen can be placed under the device of haldiram.
If you insert some word like sky before aries and take a device mark then there are chances that you would not face any objections. Although you should be prepared for such objection as TM registry raise objection even if your word is slightly similar phonetically. You will have a right to use that device as your trademark once applied, but you will only get the certificate once you satisfies the registrar which usually takes 2-3 years if registry put objections at a frivolous speed. There are likely chances that once you mark is being published in the journal then it is pretty smooth from there.
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If you insert some word like sky before aries and take a device mark then there are chances that you would not face any objections. Although you should be prepared for such objection as TM registry raise objection even if your word is slightly similar phonetically. You will have a right to use that device as your trademark once applied, but you will only get the certificate once you satisfies the registrar which usually takes 2-3 years if registry put objections at a frivolous speed. There are likely chances that once you mark is being published in the journal then it is pretty smooth from there.
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Adv. Ankit Sharma
Delhi | 25+ Answers
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Hi,
Since there are similar names, you are suggested to keep some unique name which is not already registered. Though color combination, style of fonts/writings make some difference, but having a different name will avoid all the future disputes.
Since there are similar names, you are suggested to keep some unique name which is not already registered. Though color combination, style of fonts/writings make some difference, but having a different name will avoid all the future disputes.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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