Many readers seem to have misconstrued a post that ran yesterday on the blog, about a company/website apparently claiming to be able to obtain a trademark registration in 24 hours. It was certainly NOT intended to be an advertisement for filing services, as some believe it to have been. Quite the contrary, in fact.For those of you who have not seen the site as yet, do take a look. The opening page, which is linked here, claims in your face that it can obtain “EASY AND COST EFFECTIVE Trademark Registration in 24 Hours Any Where in India”!!! This is surely a claim worthy of the iconic Believe It or Not compendium, which even has an India version, as I discovered today!
Anyone who knows an ounce of trademark law knows that it is statutorily IMPOSSIBLE to obtain a registration in 24 hours, given the fairly lengthy and time-bound procedures (of examination, period of opposition, etc.) involved. Which brings us to the following possible conclusions regarding the site and its claims:
Misrepresentation?
1. It is possible that this site claims to be able to file a trademark application within 24 hours of contacting them – which is entirely possible. But the problem is that if “filing” in 24 hours what they want to claim, then this is clearly a case of misrepresentation to the public. And, I would definitely suggest individuals to be very careful about dealing with a site that is unable to establish a clear difference between filing and obtaining a registration.
Or Actual Truth? — World’s fastest registration – available in India
2. If the site actually claims to be able to obtain registration in 24 hours!, then this is valuable evidence of some incredibly shady business happening at the TM registry, particularly so in view of recent goings on at the TM registry (see posts here and here).
World’s fastest TM acceptance – Also available in India
This website also reminds me of an email that another reader had sent us some months ago (which I now cannot recall if I posted on or not! – signs of ageing…) — Trademark No. 2000161 was filed at the Chennai office of the Trademarks Registry on 28 July 2010, and was advertised before acceptance within THREE days from the date of filing, in the journal dated 01 August 2010! (see attached picture). It may appear annoying to have to keep hearing the same refrain — something is seriously rotten in the state of trademarks in India.
Going by an unprecedented 50-plus comments that was received by the blog in response to the post on the CBI raiding the house of the Chennai Trademark Registrar, it is incredibly heartening to know that people are genuinely concerned about the alleged underhand dealings that have been taking place at the IPOs across India.
But if this website’s claims are in fact true and not a case of misrepresentation, it seems that the underhand dealings may lurk deeper than this surface raid may have revealed; and the urgency of tackling the situation at the IPOs is only more apparent. We do hope some one is paying attention!
Our very regular reader and correspondent, Jaya Bhatnagar, writes in with the following comment, which I reproduce with her permission:
“Sumathi, congrats for bringing out one of the most important posts. We come across individuals/ companies who make such false claims to mislead the public. The trapped parties later finds no recluse to its after effect and the application goes for a TOSS.
With such myth in the public, it is almost impossible to alter their views unless they feel the terrible waves.
Regards
Jaya”
#Jaya — that’s absolutely true. It’s very difficult to explain to people who have already fallen for a scheme like this. There should be some way to regulate companies who make such tall claims!
Of course ! Anybody working in IP knows it is impossible.
I know websites that allow people to register their trademark all over the world like for example, but none pretend to be able to do so in 24hours…
It is a shame.
Anyway, thank you for your blog !
Bloggers have become ad promoters unable to read the site in completion. There may be a clerical mistake when they say REGISTRATION instead of APPLICATION. The site has given an elaborate flow chart which says that it takes 18 to 20 months to register a trademark which is a realistic time frame.
Well, I personally think that a misrepresentation clearly takes place here
@ Anon- “There may be a clerical mistake when they say REGISTRATION instead of APPLICATION”
Are you kidding? That was a deliberate misinterpretation..Not a clerical mistake!!!
This definitely a well thought of misrepresentation and not a mere mistake.
I had seen this site earlier. It claimed in the opening page about the search being provided free of cost. However, when one enters the pages, it said that the search would cost Rs400/-.
Now the contents of the website have been changed. Now it does not claim the REGISTRATION in 24 hours but it does claim filing of application within one hour anywhere in India. This firm claims to have offices in Pune, Bangalore, Chennai and Mumbai. It has option for the other cities too and there is a html link provided. But when you try to go to the link it does not give any information about any offices in any other cities.
Regarding the publication of the trade mark VICKY under No: 2000161, I have seen it with interest. The said application is associated with an earlier application No: 1705601. The said application was published in Journal of 1st August, 2010 as such was vulnerable to opposition at the time when the second application has been got accepted and published in thee days. The said earlier application and also the present application 2000161, both have been opposed by IQBAL AHMED SAMRAT ENTERPRISES, SHEESHGRAM POSE SHERKOT, DISTT BIJNOR, U.P I fail to understand the rationale of the applicant for this hurry.
Besides, in the examination report dated 28th July, 2010 of application No: 2000161 there are objections, both under section 9 and 11 and the Examination report says that the application is liable to be refused. I wonder when was the reply to ER filed, when accepted and even published in three days of its filing.
The earlier application was filed through a reputed attorney, however, it is not clear whether the second application was filed by applicant himself or through attorney.
Be that as it may, we Indians are very fast and we have proved by this application having been advertised in three days. I know there are many more applications which have been advertised in the Journal in less than a month of filing of applications. But all those applications which I have come across are from Chennai.
I think it may not possible to do register in day. because when I have registered my clothing brand through Regimark. Due to my busy schedule, I tried to register within a day, but it’s not possible because, there are some rules of the regulatory process to apply application. then they will check everything from their end. after all approve they will process your registration.