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What Do You Need To Know About Cancellation Of A Registered Trademark?

Brands have to register their trademarks in order to have protection and rights over them. However, there also can arise a situation where you have to seek a trademark Consultants where a trademark needs to be canceled. Canceling a trademark is not only useful for removing unused trademarks from the register but also helps in resolving trademark conflicts.

Trademark cancellation – what is this?

Cancellation of a trademark is a process that involves removing a registered trademark from the Register of Trademarks. There may be some scenarios where a mark can be registered wrongly or remain wrongly within the register which has to be done before the deciding authority by the party goes for claiming. It is also applicable where the mark may not be in use for a specific period of time. In these cases, trademark cancellation is applicable, which is as per section 47 of the Trade Mark Act, 1999. This act gives two procedures which are the cancellation of trademarks and the rectification of trademarks.

Who is able to raise a petition for cancellation procedures?

You can get the support of a trademark expert and proceed to the cancellation of a trademark if:

You are a person impacted by someone having an upcoming mark just similar to you

Can proceed with the procedures if feels wrong information to be contained at the registration of a trademark.

If a trademark is not registered or not renewed after the validity of a period of 10 years, the Registrar of Trademarks voluntarily cancels it on his own.

The cancellation trademark procedure can be raised if an individual finds the mark creates confusion with any existing trademark.

Under Section 58, a proprietor has the right to cancel his trademark registration either in full or in part by canceling certain classes in which the trademark registration is done. Moreover, under Section 50 (1)(b), a registered trademark user can file an application regarding canceling his/her registration as a registered user of such a trademark.

Trademark Vs. Copyright – Which Is The Most Right Solution For Your Business?

No matter the size of a business, it is very important to protect intellectual property. However, a probable question that occupies most minds is whether I should seek a trademark expert for it or copyright it. This is confusing; yet, the differences between them are very obvious.

Copyright

It is the protection related to original works of authorship such as literary, musical, dramatic, artistic, and other types of intellectual works. Although the copyright term may appear to be the same as a trademark, the intended use of it is very different. Those who hold the copyright will have their exclusive rights to reproduce the work, create derivative works, distribute, or perform it publicly. To put it simply, copyright is the protection of your own creations.

Trademark

Which makes it an ideal situation to look for a trademark specialist? A trademark refers to a name, word, phrase, or logo that identifies goods or services and differentiates them from the competition. Though it doesn’t need to register a trademark, still, a registered trademark enables you to create a public mark and avoid the chances of any similar marks being registered in the future.

With the trademark procedure and registering it, you will be capable of taking legal action against those who use similar marks for the same type of products or services.

What is the right solution for your business?

Both trademark and copyright are intellectual property types and are intended to protect the interests of the owners of their property. However, the major difference is that copyright prevents the reproduction, copying, or distribution of a certain work while a trademark protects the distinctive identity of a brand.

Finally, whether to trademark or copyright entirely depends on your business needs. Copyright suits you if you are a solo artist or writer. Trademark registration can be a fine choice if you are a business owner or a founder. Whatever your needs, Muthirai offers a wide range of intellectual property protection. Our knowledgeable team of experts can assist you with your particular requirements.

Trademark Registration For Your YouTube Channel – How Is It Important?

These days we can see there are a lot of passionate people posting content on social media pages. Being the third most popular social media website, YouTube has its vital place among them. Trademarks are significant for any business and now this trademark filing becomes also important for your YouTube channel. Know it here.

We hope this article will give you inevitable information on the topic. If you look for support for registering a trademark for your channel, Muthirai is the right partner.

YouTube channel trademark registration

Creativity is certainly an asset and hence it should be protected well. Your YouTube channel also falls under here.

Is there any specific law related to trademark brand registration on YouTube channels and other social media? Yes. As per the Trademark Act,1991 and Application under section 18(1) of this Act, an individual wishing to claim the proprietorship of a trademark can file with the Registrar in the recommended manner for the registration of the trademark. Though the classes of these registrations vary, still they fall under class 38.

Why should your YouTube channel have trademark registration?

Ensuring your channel name and logo have the trademark assures that you keep contenders away from taking and using a comparable form of your channel’s intellectual properties.

Allows the watchers to confide in your image

Enables the owners of the YouTube channel to take legal action if someone uses the name or logo of the channel.

Trademark avoids the happening of any third party using a similar name or logo which probably misleads the viewers.

A trademarked channel will give the viewers the assurance of trusting the brand.

Are you interested in filing logo registration or trademarking the name of your YouTube channel? Muthirai trademark is the ultimate solution for you. Once you have decided to secure your substance, it is the best move to hire the experts in the industry for your peace of mind.

International Trademark Registration – Essential Guide For You

If you think the trademark procedure that you have done in India is sufficient to meet its rights internationally, you are wrong. With your trademark registration in India, you protect the rights only within the country. If you need to safeguard your design, logo, or mark in the international arena, you should secure it through international trademark registration.

International Trademark registration

More and more businesses are greatly interested in expanding their wings across the world. So, it becomes very important here to be aware of registering a trademark overseas. With such registration, you are granted trademark protection outside India and within the foreign countries where you look for the same.

The Madrid Protocol which came into action in 1989 by the World Intellectual Property Organization (WIPO) makes it quite easy to register a trademark in member countries. This gives you exclusive protection easily in more than 110 countries.

Muthirai, as a leading trademark attorney, has great expertise in filing international trademarks. You just choose in which countries you need the protection; we will do the rest for you.

What are the advantages of international trademark registration?

Enhanced brand presence at a global level

You pay only single trademark charges for applying for coverage in over 124 countries.

Your business is ensured to have exclusive rights to its most valuable assets in the countries that you want to.

Since more countries are making their part in the Madrid Protocol, you can have significant advantages in later stages.

As the processing is done through a single entity, it takes very less time for the approval process.

It is much easier to manage through a single tool given by WIPO.

Filing an international trademark registration

The foremost requirement when it comes to filing an international registration is to make sure that you have registered it in your home country.

Ensure that your offerings of products and services are the same in national and international trademark applications

Submit the trademark application through the Madrid Protocol website to WIPO

Consider hiring a trademark specialist who specializes in.

How Should You Trademark A Logo In India? – Protect Your Brand With Muthirai

Typically, a logo is a representative visual image that describes a brand. Logo registration is an important step in protecting the rights of the brand. As a logo of a company is the basic visual representation, it is necessary to trademark it.

If you create anything related to your brand, it becomes your intellectual property. So, it is highly important that you have great control over your intellectual property. This is where the expert support from Muthirai comes in.

Trademarking a Logo

Trademarks protect your intellectual property from infringement and theft. You have created the logo of your brand with a lot of effort and have invested significant time and money. So, you should trademark it.

Trademark registration – Steps to follow

Though logo trademark registration is a straightforward process, still hiring an expert makes it simple and effective. Expert legal assistance from Muthirai can play a substantial role in this complex process.

The foremost thing that you have to do in registering a logo is to make sure that no one else uses the same logo. Trademark Logo Search helps you here.

After you have confirmed the same, you should proceed to secure the rights to your own logo.

There are various ways through which you can acquire ownership of your logo. The most effective way is to register a trademark and start using the logo.

By hiring a trademark attorney or legal professional, it becomes easy to navigate the process of logo registration.

You should file an application with the Secretary of State, where your business is headquartered. This protects your legal rights and eliminates the possibility of businesses from other jurisdictions stealing your logo.

Once your trademark is registered, you have the complete legal rights to use it.

Your work doesn’t stop after registering a logo. You should protect the logo and ensure no others are using it through a trademark watch.

Protect your business identity and take the steps towards shielding your company's logo with Muthirai, today.

Importance of Trademark Registration for Startup Business

Trademarks are the individual identities of each business. Can you remember any trademark names that are considered product names by people? Imagine Google, Thermos, and Pampers. These trademark names are considered products by many. Hence, trademarks play a vital role in promoting a business.

As start-ups, business owners need to register their trademarks either through a niche professional or a reliable trademark company.

If you are a start-up business and still lack knowledge about the importance of trademarks, then continue reading below.

Why is Trademark Registration Important for New Businesses?

Through trademark registration, startups gain legal rights to develop, promote, and reach their target customers. To put it simply, a trademark must be registered in order for a business to gain brand identity. After the trademark is registered for business, it acts as a license to develop, market, and promote the brand to the public.

If a trademark is successfully registered for a business, then only that particular business owner can claim rights for it. The businesses can create franchises under the trademark name or sell the entire business keeping the same trademark.

Recently, many businesses are emerging each and every day. It is the trademark that will put your company in the spotlight and set you apart from competitors. Hence, registration of the trademark becomes essential.

For new organizations, brand identity is most important. It is only through their brand; customers will recognize their business. Hence, brand registration is considered the foremost step to be taken by start-ups.

Tips for start-ups to register trademarks:

Getting professional advice from a trademark consultant is a wise idea. The reliable consultants will provide hands-on advice, explain the dos and don’ts of registering the trademark, and also be with you throughout the process.

Muthirai.com is one of the best service providers who can assist in registering the trademark for the company, provide consultation in this niche. Here, you can get help starting from scratch—ideas for selecting the brand name, its availability during registration, and so on.

Still unsure whether or not to register your brand? Never delay anymore.

How Does Trademark Registration Help Your E-commerce Business To Be Unique?

Although trademark registration is not compulsory for e-commerce businesses, we strongly recommend your online business apply for registration and obtain the intellectual rights. With people showing more and more interest in buying goods from online platforms, applying and gaining a trademark ensures that your e-commerce business is competitive. If you like to have the most benefits from registering the trademark from the hands of experts, Muthirai is here to help you.

Is it mandatory to register an e-commerce seller/business?

Commencing an online business is becoming a dream for most since this is the world of online buying and selling. The huge growth of the e-commerce industry allures businesses to do so. E-commerce business refers to the buying and selling of products and services through the internet.

It is true that the trademark registration process is not mandatory for e-commerce businesses. Yet, in order to keep the brand safe, and be protected against copying and duplicating, it is necessary that you register it.

Process for Trademark for E-Commerce in India

● Since the e-commerce business operates in and beyond India, it is important to look out for the international pittance of trademarks. This emphasizes the Madrid Protocol.

● Perform the trademark search and come out with a unique brand name

● File a trademark application with your nearest trademark office

● After examining the application (which takes around 1-2 months) and ensuring the application meets all the requirements, it will be marked for publication in the Trademark Journal.

● If there is no opposition to the trademark, it will proceedto registration

Benefits of E-commerce trademark

Have a glimpse of the benefits that you can get if you approach trademark registration consultants for your e-business.

▪ Your brand name or logo is protected against infringement

▪ Safeguards your brand internationally

▪ Avoids the possibility of others using your brand name and other intellectual assets.

▪ As you register a trademark, you legally protect the brand name, logo,products, and signs of the company. This eliminates the chances of damage to the brand name.

▪ If you notice anyone else uses your trademark, you have the right to file a lawsuit against them

A Detailed Look On Intellectual Property Rights And Its Expiry Of Registration

Intellectual Property Rights (IPRs) – these are the rights that can be said to the one related to intangible property owned by a company or an individual. These rights prevent any third party from using them without the consent of the owner.For any business intending to establish its presence in India, it is very important to protect and manage intellectual property rights (IPR). Of course, it is the most essential step here.

Whether it is TM registration, patent protection, or design registration, managing intellectual property is a significant ongoing activity.

Intellectual Property Rights – What are the components?

Copyright – This term is related to the rights of the authors or creators of literary and artistic works. In India, copyright protection extends throughout the entire lifetime of the author and 60 years after his death.

Trademarks – Typically, a trademark can be a word, name, sound, color, symbol, or anything that identifies and differentiates a brand from others. Trademark is the most important asset for all businesses. The trademark has its validity for ten years that starts from the date that the certificate is issued. Trademark renewal will be done after the payment of the prescribed fees.

Patents - Patent law generally protects the ideas which are embodied in inventions. If a process/product has its patent right, it is not possible to commercially distribute, produce, use, or sell without the consent of the owner of the patent. Patent rights once granted are valid for a period of 20 years. And then it requires renewing every year after the third year of the date of application.

Designs – design registration gives the exclusive rights to the creator and the owner. With this registration, the creator and owner is empowered to use the design for a validity period of ten years.

Developing an understanding on what your intellectual property rights protect and when it lapse and expire is very important. As these assets do not last forever, you should contact experts in the brand register and take steps to maintain to enforce the protection.

Choosing A Trademark Expert In India – What To Consider

Typically, a trademark is a mark that makes businesses or the profession of an individual or a firm or any private or partnership firm have recognition in the local as well as international market. People and businesses of today are so conscious about protecting their intellectual property. You can achieve this by trademark registration through us, Muthirai. However, what makes Muthirai a trademark expert in the industry? What are the considerations here to find the right one in India? Read ahead.

Assess their abilities

It is never a fair idea to make a blind choice or just through a random search on the web when it comes to hiring a trademark specialist. Look at the experts in the field, make a list and pick a fine choice among them. Ensure the provider you choose is competent enough on trademark law and has proficiencies in carrying out the procedures.

Look at their track record

Although it is the task of any attorney to register a trademark, all trademark registrations can’t be successful. Yes, a trademark application is not merely a paper-based work. But it is a legally specific process that requires experts in the industry. Hence, it is important that you have sharp eyes on the track record of the attorney. Know how well they and the success rates carry out the trademark procedure.

Support and timely submissions

An effective trademark registration demands efficient dealing with all the paperwork as well as timely submission of applications. Since it requires careful attention, you should look for an expert who can give personalized attention to you. Also, the trademark attorney should offer you the appropriate support and communication as and when needed. He should also be in the position of solving all your queries related to the procedures and make you updated on the application status.

If you have qualified Trademark Registration Consultants by your side, you mean to have done half the process successfully. With Muthirai as your partner in trademark registration, you never have to worry about protecting your Intellectual Property.

Copyright Of Cinematographic Films – Who Is The Rightful Owner As Per Law?

ACinematographic refers to any work or audio-visual production of moving objects. Although there are many involved in this, yet, the cinema producer has the complete copyright on this. So, what are the requisites for copyright in the film industry? Is it really necessary to hire a trademark consultant to get copyrights? Let us explore this.

Term of protection

As per section 2(d)(v) of the Copyright Act, the producer is the author of the cinematograph film. If an artist registers for copyright, he/she owns exclusive ownership rights to the creative works. As per the Copyright Act 1957 Section 14, numerous rights are granted to the copyright holder. Section 26 is related to the term of protection for cinematograph films and in order to get better knowledge on this, you can contact a trademark expert for copyright law.

What are the documents for the application of copyright for cinematography?

● NOC from the Producer

● NOC/Agreement from the artists involved

● Applicant should sign forms XIV and SoP

● 2 copies of the work

● If you file through an attorney, it needs the Power of attorney.

What is the process of registration?

✔ Applicants should file an application form for copyright.

✔ On submitting the application, the Copyright Office will conduct a formality check

✔ After the formality check is finished, a month period will be advertised for ensuring no objections from individuals in terms of interest in the copyright.

✔ If an objection is obtained during this period, both parties will be invited to give their reply in writing. On continued objection, the application will be rejected.

✔ If no objections are raised in the given period, further steps will be taken.

✔ After the examination is over, a Registration Certificate as well as extracts of Copyright Registration is given to the applicant.

Support in filing the Copyright for Cinematography

For the best assistance in getting the copyrights for Cinematography, it is always recommended to hire the right copyright lawyers. It is here where Muthirai stands out.

What You Need To Know About Trademark Registration for Partnership Firm

No matter whether it is a private limited company or a partnership firm, trademark registration has a vital role. Looking into the growing competition in the industries, most companies pay great attention to protecting their assets, and registering the trademark is the wise move here.

Importance of registering a trademark

When a company registers a trademark, it gains complete rights and protection against copying the logo or name of the brand. Also, it defends other companies against misappropriating assets.

Taglines, names, logos, catchphrases, and design – everything related to the business can be trademarked under the Trademark Act. With the trademark filing and obtaining the trademark, the brands ensure the exclusive rights of their brand’s assets such as logo, name, etc.

Partnership firm trademark registration

So, what’s a partnership? This kind of business takes place when two or more persons come together and carry out the business. In this type of business structure, at least two people will be involved in operating the business and overseeing the business activities based on the objectives and terms of the Partnership Deed.

As per section 4 of the Indian partnerships Act of 1932, the partnership firm can be defined as a business relationship between persons who have given their consent to share the business profits by all.

Why go for trademark procedures for partnership firms?

● Trademarking makes sure that your business’s mark is legally protected and

is not copied or misused by others.

● It empowers the brand to differentiate itself from others in the industry

● Gives the firm the entire right to use its mark throughout the country

● Bolden the brand reputation and recognition and enhances the significance

of the company in the Indian business market.

● Helps in the globalization of the operations of the company.

Trademark the registration of your partnership firm

The following are the documents required to file the application:

✔ A copy of the business name or logo

✔ A Partnership Deed

✔ Identity and address proof of the signatory

✔ Authorization form

Are you looking for a trademark attorney? Muthirai can help you to get legit assistance.