Question: What Are The Rules For Avoiding Pitfalls In Selecting Trademarks?

What words Cannot be trademarked?

However, you can’t trademark:Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S.

President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs..

Who can file cancellation petition?

Only a ‘person aggrieved’ can initiate the rectification/cancellation proceedings. A ‘person aggrieved’ implies any party whose trading interests are affected by the presence of the registration on the register. Out of the five (5) Trademarks Registries in India where can I file rectification/ cancellation proceedings?

What Cannot be protected by trademark?

Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively. As always, work with an experienced attorney to determine what aspects of your business need protection and how best to protect them.

Why do Trademarks get denied?

A mark will be refused as deceptively misdescriptive if (1) the mark misdescribes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services; and (2) the misrepresentation conveyed by the mark is plausible.

Can you cancel a trademark?

A petition for cancellation of a trademark registration may be filed at any time. However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act § 14.

What are the three types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

Can a saying be trademarked?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

What happens to a trademark if it becomes too generic?

If they don’t, a competitor can start an abandonment action and ask for the cancellation of a trademark because it’s become generic. This process is called genericide. … The trademark loses its legal protection, and any competitor can use it to promote their products.

What happens if a trademark is objected?

When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report. … Once written submissions are made, the Registrar/Examiner either accepts the trade mark or posts a hearing for allowing arguments to be put forth in person.

How do you respond to a trademark objection?

4. How to respond to an objection?The first thing one must do is file a counter statement to the objection.This must be done within 2 months from the date of receipt of the notice of objection.Failure to file an objection within 2 months will change the status of the application to Abandoned.

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

What are the uses of trademarks?

The essential function of a trademark is to exclusively identify the source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular entity as the source of goods or services.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

How do you invalidate a trademark?

A trademark can be revoked if the trademark owner has not put their mark to genuine use in the past five years in connection with the goods or services it was registered for. This means the trademark will be removed from the Trademark Register.

Can you challenge a registered trademark?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

What is a benefit of registering a trademark?

Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration.

What Cannot be trademarked UK?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

Can a trademark have two owners?

Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. … As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

How do you cancel a patent?

A petition for patent cancellation may be submitted from the date of registration of a patent until six months from the publication of the patent. In contrast, an invalidation action may be initiated at any time after a patent is registered, even after the patent has expired.

What is refused in trademark?

If the trademark examiner finds that the applicant’s trademark is confusingly similar to an existing registered trademark that is used with a similar or related type of good or service, the examiner will issue a refusal.