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What is the terms and conditions of registering the trade mark


09-Aug-2023 (In Trademark & Copyright Law)
Can we register trademark by adding prefix to an existing registered trademark (which was done by mistake of course)? For record, the trademark application is being opposed on this ground alone by the holder of an existing registered trademark
Answers (5)

Answer #1
557 votes
Hello !!
In this case / situation it is necessary to file one of rectification application in that application it is mandatory to explain the controller that your trade mark is unquie one
And it is original
Answer #2
626 votes
Prefix or suffix can be added on two conditions: (i) with the same suffix or prefix there are many trademarks and hence it is permissible (ii) by adding suffix or prefix, the pronounciation of the mark changed and there is not phonetic similarity between the two.
Answer #3
950 votes
Hi,
Use of already registered trade mark (or part thereof) may disentitle you for getting the similar/desired trade mark. You are suggested to use the separate and distinct trade mark and apply with amendments.
Answer #4
826 votes
yes you can register trademark by adding suffix or prefix if the generic term is registered on your name. You can also amend the previous application with the help of your Attorney by filing Form TM M
Answer #5
508 votes
If by your adding the prefix to the already registered mark, you are devising a coinage of a new, unique mark, then you can register the composite mark as a trademark. Also that will help you defend the opposition from existing holder that you are currently facing. It can be done.
Anirrud Goswami
Advocate

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