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Trademark

(Querist) 06 January 2015 This query is : Resolved 
I want to file trademark applications in several classes? Is it advisable to apply under "in -use" rather than "intention to use"? Does the chances increases when applied under "in-use" ?
Anirudh (Expert) 06 January 2015
If the trademark for which you seek registration is in fact 'in-use' you have to mention as such. You cannot mention an 'in-use' trade mark as 'intention to use' and vice-versa, whatever may be the consequences.
Aditya Agarwal (Querist) 06 January 2015
There are several classes, in some classes its already in use and in some classes its yet to be used. Does the chances get greater if I apply "in use" in all classes??????
Anirudh (Expert) 06 January 2015
How can you say 'in-use' against certain class when in reality they are only 'intended to be used' in those classes?
Aditya Agarwal (Querist) 06 January 2015
For instance we are already using the trademark in Class 42 i.e, internet website but while we have not started using it in advertisement i.e, in class 35. Now what to do in such a situation?
Anirudh (Expert) 06 January 2015
You yourself know what to do. This has also been clarified to you very clearly in the above replies. But, for reasons best known to you, you unnecessarily want to prolong the thread. No use.
Rajendra K Goyal (Expert) 06 January 2015
Consult local trade Mark consultant and show him the case file.
Aditya Agarwal (Querist) 07 January 2015
Thank you Rajendra Goyal and Anirudh.


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