The answer to this question varies depending upon the name, the person is using as a part of artist name. If the video game character is very famous one, using the name can be problematic, may be not now but in future.
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Applied for Trademark Registration? Know why ministry may raise an objection against your trademark application, and how you can deal with it.
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A Trademark is a unique identity of a product/ service/ business, expressed through graphical representation, text, color combination, sound, smell, taste or even a name giving a full-fledged definition to a brand. Read more at LegalWiz.in
Why you need to consider registering trademark for your business? How to register trademark? Get your brand established and protected by way of online trademark.
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Trademark registration is specifically for claiming a right over a particular word /logo/ a combination or both before anyone else and benefiting from the exclusive rights therefrom. An individual/a company who applies first for trademark registration in India gets priority over that name. So, the importance of user date is essential in trademark registration for registered as well as unregistered trademarks.
Trademark registration in India is perpetual in nature; only if the renewal is done from time to time. However, maintaining a trademark for a long time can be a costly affair. There are various reasons why an individual might want to transfer their registered mark. Primarily TM owners look out to assign their trademark or license their intellectual properties to encash their IP assets.
Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. This is Trademark objection reply.
The process of trademark registration does not end with the filing of a trademark application with the ministry. A trademark application goes through certain different stages before it is registered. There are some stages where the registrar raises an issue which needs to be addressed where the trademark status is updated.
Trademark registration and assignment paves way for creating a unique identification of products or services. It distinguishes products and services from one to another. But it is important to understand what can and what cannot be trademarked before selecting a brand name. In this article, you will come to know what cannot be trademarked while selecting the brand name, so you can avoid the rejection of trademark application.
In the present competitive world, being visible and making an impression is essential. With millions of similar products available in the market, IP theft is common. Trademark registration is vital, as it provides a stronger claim over the brand in comparison to unregistered marks.
Historically speaking, the Trade Mark Act, 1940 was the first statutory law formed for governing the trademark in India. It was replaced by the Trade and Merchandise Marks Act, 1958. Currently, the Trade Marks Act, 1999 governs the law relating to the trademark registration in India.
Trademark search is an important part of trademark registration. If the search is not done properly then there may be chances of objection and rejection of trademark application. The steps involved to search a trademark are discussed under.
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