Saturday, September 10, 2011

Silk Sari Store Wins Trademark Infringement Case

Proprietors of the Sri Kumaram Stores in T Nagar, Chennai, have won a case on trademark infringement against competitors in Kancheepuram who sell under the name of 'Kanchi Kumaran Silks'.
A petition filed by J E Jenardhanan, partner, Sri Kumaran Stores, said that the trademark 'Kumaran' was conceived in 1955 when their partnership firm was established by Chengalavaraya Chettiar. He wove Kanchipuram saris and cycled to Chennai to sell them.
Pointing out that the partners of the firm were the owners of copyright in the original artistic work produced by the firm, the petition said the enterprise planned to open an outlet for the sale of readymade garments and silk saris in Kancheepuram.
When the new store 'Kanchi Sri Kumaran Weavers' opened, they were told that another shop named 'Kanchi Kumaran Silks' had been operating since 2005. Jenardhananan said the word 'Kumaran' – an essential feature of their registered trademark and trading style –had been "deliberately and intentionally introduced prominently so as to gain undue mileage out of their well-established reputation and goodwill."
Though a notice was sent to 'Kanchi Kumaran Silks' in May 2010, it continued to use the name and infringe trademark. Denying the allegations, the rival firm said the suit had arisen out of "trade rivalry and jealousy."
Passing orders, Justice S Rajeswaran said the term 'trademark' was defined as a mark capable of distinguishing the goods or services of one person from those of others.
Ruling in favour of the older firm, the judge ordered a stay on any representative of 'Kanchi Kumaran Silks' from – in any manner – manufacturing, selling, stocking or advertising goods marked 'Kumaran' or carrying the relative artistic work which resembled that of Sri Kumaran Stores.
 Prathama Law Chambers LLP. (PLC)

Saturday, August 22, 2009

Trademark Registration in India - Prathama Law Chambers LLP. (PLC) - Advocates & Solicitors

Intellectual Property is one of the fastest growing legal fields in India specially after the signing of GATT. With the revolution of information technology, a multitude of problems has cropped up that demand immediate legal assistance.  Prathama Law Chambers LLP. (PLC) is involved in all kinds of Intellectual Property Rights matters including Trade Marks, Patents, Copyright and Designs.  Prathama Law Chambers LLP. (PLC) provide advice on the creation and protection of intellectual property rights connected with information technology especially pertaining to telecommunications, software etc.  Prathama Law Chambers LLP. (PLC) advise clients on issues including:
• Interacting with various government departments on intellectual property matters and for obtaining various permissions
• Agreements for the use, supply, licensing and maintenance of software and hardware• Registration of Trade Marks
• Registration of Copyrights
• Registration of Patents & Designs
• Licensing of Intellectual Property Rights and agreements
• Infringement and Passing-off actions

Process of filing a Trade Mark Application in India and Grant of Trademark Registration Certificate involves the following steps as shown below herein:

It is recommended to conduct a Trademark name availability search in order to check if any similar Trademark has been filed in India, which may oppose your registration. The cost of the search is generally quite insignificant in comparison to the costs of re-branding if there is difficulty in using the Trademark because it infringes the right of others.

The next step in getting a trademark registration is the filing of Trade Mark Application in Form 1, with the logo or word mark (as may be applicable), along with the applicants' particulars, including his address (incase of a company, the registered address of the company). A duly notarized Power of attorney, on stamp paper has also to be submitted.
EXAMINATION:The Trademark Office will examine the registrability of the application, which includes distinctiveness, existing similarity with prior registrations, and completion of supporting documents, if accepted, the Trademark Office will issue an acceptance order and the Trademark is ordered for publication. We shall need additional evidence at the time of examination of the mark and prior to its publication in the Trade Mark Journal to prove distinctiveness of the mark. Examination generally occurs within 3-4 months of filling of Trademark application, but the request for the expedite examination of an application can also be made, which costs 5 times the govt. fee for filling the Trademark application.

» The extent of advertisement with a few sample copies of advertising material and brochures;
» The quantum of usage with a few invoices and the last gross annual sale of the goods under the Trade name;
» The extent of use of the mark in respect of time and area;
» A brief write-up on the importance attached to the trade mark in particular;» The class of costumers and their standard of intelligence and education;
» The date of commencement of the use of the mark;
» If the trade mark has been registered in several countries and the law of Trademark is similar to that of India, certified copies of the registration of the marks in such countries may also be provided to us.

When the Trademark is advertised in the Trademark Journal, then third party can oppose the registration of the Trademark within the 3 months from the date of the Trademark journal made available to the public.

If the Trademark application is opposed, then the Trademark office will request evidence in writing from both parties. If the dispute is not settled by the parties, then matter is determined at a hearing. Registration of an opposed Trademark application will be delayed pending till the determination of the opposition.

In the absences of opposition, a Trademark is registered, and the relative certificate of registration is issued for 10 years from the date of filing of an application. It took tentatively 24-30 months from the date of filling of the Trademark application upto the final registration of the Trademark.

 Prathama Law Chambers LLP. (PLC)