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

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

Yes, as trademarks are territorial, you may trademark a logo in India even if a similar trademark is already registered to your competitor in the USA. However, you will have to ensure that your competitor has not trademarked the same logo in India, otherwise it will not be possible to get the same logo.

Is it mandatory to register a trademark in India?

Answer: No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for the infringement of unregistered trademarks.

Is trademark valid for 5 years?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Can two companies have same trademark in India?

India: Similar Trademark Issued For Different Items Does Not Amount To Breach Of Law.

Can 2 companies have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can two companies have the same trademark?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

What is the difference between TM and R in India?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

What comes under IPR?

Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

Can I trademark a name already in use?

A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first.

How do you make sure a name is not trademarked?

Use the USPTO’s free trademark database. You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center and choose “Search trademarks.” Then follow the instructions you see on the screen.

How do I know if a brand name is taken?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and. Live.