Trademark similarity
vysakh
(Querist) 16 October 2012
This query is : Resolved
hello sir ,
i would like to know if there is a word 'kess' (which has no meaning) already registered as a trademark, will i be able to use 'kkesinc' (this word also has got no meaning)to to get a trademark for my company under the same class.Or will this be considered as a similarity as "kes" is in both the words ?
R.K Nanda
(Expert) 17 October 2012
it may be considered as similar.
vysakh
(Querist) 17 October 2012
thank you sir!
one more query on this ... if the word 'kess' is registerd as a private company name in india and have not applied for trademark. will i be able to apply for trademark and use 'kkesinc' for my company if am not doing the same business as the 'kess' guys are doing, but it may come under the same class of classification by trademark rules?
subramanian
(Expert) 11 November 2012
Registering the name of a company and registering a trademark are two different things.For registering the name of a company you have to apply to the Registrar of companies,If a similar name is not registered earlier they may register it.If you want to register a trademark under a particular class then you should apply to the Registrar of trademarks who would make a search as to whether that mark is already applied for or registered and decide the case.It is possible that a company may register their name with the registrar of company and also register the same name as a trademark eg BATA.
T.R.Subramanian
Raj Kumar Makkad
(Expert) 15 November 2012
You can get registered trademark as you like because if the name chosen by you is not earlier registered, you may be go permission accordingly.
