Trademark attorney assists a trademark holder or a potential trademark holder in every way possible by guidance and legal support. He also makes sure that the trademark he is applying for does not infringe with any other trademark holder. There are numerous reasons why a trademark applicant should consider engaging a trademark attorney to assist in the trademark prosecution. In fact, it is prudent to start working with trademark counsel in advance of the application filing to ensure the proper due diligence is conducted via a trademark clearance search.
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Trademarks must be applied or registered under classes and each class represents a distinct class of goods or services. In this post, we comprehensively cover the services which fall under Class 43 of the trademark classification. As per the NICE classification heading for class 43 comes under the classes of services.
Most of the Trademark applicant’s end up losing their money, spent on trademark application and professional fee. They also tend to lose something more important than money i.e. their Precious time and Hope. A normal process of a Trademark registration approximately lies between one month to two years. Filing of a Trademark application without taking some precautions will surely make you spent more on filing replies to Registry and for hiring a professional for attending hearings. By now, you have raised high hopes and have given nearly two years of your blood and sweat in building your brand and what you get is failures and refusals in getting your Trademark Registered.
Trademark provides protection for both businesses and consumers by making them an important part of running a successful company.
Yes, restaurants need trademarks. Whether you're opening a new restaurant or already own one, you need to register your trademark to avoid Infringement
A trademark essentially protects your name, logo, slogan, symbol, or design from being used by your competitors. Trademarking your restaurant name also helps create a unique and recognizable brand, which will improve customer awareness and attract new patrons
Class 43: Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.
Trademarking is a complex topic which requires serious studying to understand every facet of it.
In this case, Bisleri was the defendant by a master agreement having transfer and assign the trademark rights for MAAZA. It also gave away the formulation rights, IPR, and know-how along with the goodwill for India for bottling and selling a mango fruit drink – MAAZA to Coca Cola.
Now, the defendant company applied for trademark registration for the word MAAZA in Turkey and begin exporting the same fruit drink under the given name. The plaintiff, Coca Cola claimed a permanent injunction and infringement damages for passing off and trademark since it was given to them by a defender, Bisleri.
In the end, the interim injunction was held up against Bisleri for using the trademark MAAZA in India even putting it up for export which was a clear case of trademark infringement.
As per the Supreme Court judgment, the following factors are to be considered for deciding upon “deceptive similarity”:
Ip Juris Legem
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