Trademark by an individual in India?

Question

Mr. X doesn't own a company. But Mr. X has a web-site called www.xyzprod.com. He releases some software, services, products on the site with the names:-

XYZProd Software1

XYZProd Software2

XYZProd ProductN

XYZProd ServiceM

1. Can Mr. X register XYZProd as a trademark in India?

2, If it is registered as a trademark in India, is the name XYZProd protected from re-use in the whole world?

Thanks in advance.

Answer 1

1. Mr. X register can XYZProd as a trademark in India.

2. Just name as such is not registered or protected by registering the trade mark only - not even in India, what to talk of the whole world. You would be required to do more than that for such protection. Consult a qualified professional.

Answer 2

Hi,

Mr.X can register the trademark in his name itself and can claim protection. However the protection will be within India only. However he can claim priority when he applies registration in any other country.

In India the word "USE" has an extended meaning and have been vastly discussed in various judgements of the SC. So the mere use of a particular product can give the person the right to register the same.

If you need further details please do write to us.

regards,

Raja Selvam,

[e-mail]

Attorney - IPR

Selvam & Selvam, Advocates,

Chennai.

www.legalsonic.com