In the event that you have not started using a mark yet, a clearance search on the trademark that you propose to adopt and use will allow you to determine whether or not you are not infringing on someone else’s rights to the mark. If you spend time and money building a brand only to discover it must be altered, you will be in deep trouble.
By searching the trademark database for the exact trademark, you wish to use as a first step, you can conduct your own knockout search.
A trademark registration application can be filed with the Trademark Registrar once the initial trademark search has been completed. The following information should be included in the prescribed format with your application.
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]