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[tuffus]

Hi

8 months ago I made an Indian trademark application in 3 classes via a Registered Trade Mark and Patent Agent in India.

In the Trademark Request Form, and Form of Authorisation of an Agent I clearly stated that I was applying for a word mark - the mark was made up to 2 words like Din Bat. However 8 months later when I receive notification that my application has progressed to the stage of 'Filing Reply to Examination Report and Hearing before the Registrar of Trade Marks' - the agent made a spelling error and I sought further clarification on what exactly was filed for.

It appears that instead of filing for the word mark 'Din Bat' the agent filed for trademark of my logo. The logo which contains an artistic design and the domain name of the site, DinBat_com. The word used in the domain name is the same word I wished to get a trademark in. The agent stated "thus your current trademark application is both for the artistic design and the words Din Bat in the composite form."

The agent has apologised for his mistake and has suggested filing for the separate word mark and that he will waive his professional fees.

He has also stated that "the logo offers an all encompassing protection for both the design and the words contained in the logo, therefore even if you want to continue with the logo, your protection is intact and broader than filing for only the word".

What does this mean?

I am looking for advice as I have ceased to trust the competency of this agent. The term I want to trade mark is Din Bat. The agent has filed for my logo that includes my domain Dinbat_com - Should I continue with the trademark of the logo? I now need to start the registration of the word mark Din Bat - someone may have already initiated this in the last 8 months that I believed I had filed for it. How should I approach this issue with the agent and what do you think is a reasonable solution to this situation?

Help and guidance would be greatly appreciated as I am not familiar with trademark law.

thank you

[Sudhir Kumar]

This problem could have been easily rectified, had you gone through the additional representation or the trademark application filed by the agent. It is a rountine practice to supply the application, fee receipt as well as official confirmation on additional representation to the client. Had this been a error you had the remedy to file amendment application on Form TM-16 to rectify the error.

Regarding scope, this is a subjetive interpreation and could not de defined subjectively, it varies from case of case and also what is the distingusing element of the mark. If your words are distinguishing element then your logo offers broad protection.

You may file the trademark application with association with earlier mark.