DEAR EXPERTS,
I WAS APPLIED FOR TM FOR MY CO. AND IT WAS ACCEPTED ,I WAS APPLIED FOR MY SAME CO. FOR ANOTHER TM WITH DIFFERENT WORD MARK IT IS ALSO ACCEPTED,BUT THEY WRITE IN REPORT SUBJECT TO ASSOCIATED WITH MY 1ST APPLICATION,I AM CONFUSED THAT MY 2ND APPLICATION IS ACCEPTED OR NOT WITH DIFFRENT WORD MARK.
| Yes, your 2nd application is accepted, the 'subject to association with 1st application' remark is a standard condition, not a rejection. Explanation: 1. Under Section 16 of the Trade Marks Act, 1999, when the same proprietor/company has multiple marks that the Registrar considers similar or related (even with different word marks but same goods/services/proprietor), the Registry can mark them as 'Associated Trademarks.' 2. This means both marks will always be treated and transferred together, you cannot assign or transfer one without the other to a different owner, but each mark is independently valid, registered, and enforceable. 3. No action is needed from your side to 'accept' or respond to the association note, it's an administrative linking, not an objection or conditional acceptance. 4. You'll receive separate registration certificates for both marks once they proceed to registration, both will show 'Associated with TM No. [1st application number]' on the certificate. |
Anupam Parashar & Co.
Ghaziabad
CA Final
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Saini Pati Shah & Co LLP, Chartered Accountants
Mumbai
CA Foundation
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Rohit KC Jain & Co
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CA Inter
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Kothari Jain Patil & Chartered Accountants
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CCI
Pro
CAclubindia
