Patent Trademark 5

India has been edge for the offshore outsourcing of the IT, financial services, business process outsourcing (BPO), because low cost manpower with higher education, neutral accent English speaking capability. In spite of these the India is emerging as new hub for KPO (knowledge process outsourcing), having large pool of knowledge workers in various sector. The India has been ranked the most preferred KPO destination.

KPO deals with executing standardized processes, involves higher-end services which require advanced analytical and technical skills. knowledge process outsourcing involves Legal works carried out at law firms like patent document writing, global filing, search, trademark search, trademark registration, prior art searches, legal advise on infringements, invalidation search, freedom of use search, etc. The prior

art search for a patent, drafting and filing of patent in the US is very expensive. According to a recent study by researchers at the University of California at Berkeley, legal assistants and paralegals working in India on behalf of U.S. law firms earn, on average, between $6 and $8 per hour. That’s about one-third of what their counterparts in the United States are paid.

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Starting a new business can be overwhelming, exciting and confusing all at once. No matter the industry, all new businesses have to deal with financing, advertising, organization, ownership structure, etc. One area that is neglected by many is ensuring that the name of the business is truly available.

There are 16+ million trade names in use in the United States. Similar names matter, if close in sound, appearance or meaning. Similar names in related classes, distribution channels and customer matter too. You are affected by Common Law use (14 million), State Trademarks (500,000) and Federal Trademarks (2 million).

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After you ve applied for your trademark, there will be a waiting period of approximately 18 months before your name is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as “Pending.” Sometimes there are hold-ups; the USPTO may not allow you to use the name you ve chosen to apply for because there is a similar name already trademarked. In this case, you will receive an “office action”, which is a notification from the USPTO. If you do receive an office action, it might be due to the USPTO simply needing more information in order to complete your trademark application. However, it also

may be because your name is blocked by another name, which is the worst case scenario, and another reason why it is incredibly important to purchase comprehensive research before you file for your name!

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The case of BVBA Management, Training en Consultancy v Benelux-Merkenbureau [2007], concerned the interpretation of First Council Directive (EEC) 89/104 in the refusal of a trade mark registration. BVBA Management, Training en Consultancy ( MT&C ) filed an application with the Benelux trade mark office ( the Trade Mark Office ) for registration of the word mark ‘The Kitchen Company’ as a trade mark in respect of classes 11, 20 and 21, and for certain services in classes 37 and 42.

The goods and services for which trade mark protection was sought were set out for each of the relevant classes. The Trade Mark Office notified the applicant that it was refusing registration on the grounds that the word

mark lacked distinctive character pursuant to national legislation. The national law in question was the Uniform Benelux Law on Trade Marks. The Trade Mark Office subsequently gave notice of a definite refusal.

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In Trademark Law; first use is the key, but still you need to document this and get a trademark at the Federal Level or a service mark at the state level. Without it you may find a bigger firm moving into your area, which had used your name in interstate commerce prior to your local use and thus they can make you change your name.

Imagine the cost in changing all your signage and disrupting your good will with your brand name in your local market. This confuses customers and puts a question mark about your credibility where none had previously existed.

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