Corruption and manipulations in the Trademark Registry

[ULHAS BHAT]

Dear All,

For those of you who are into trademark registrations, I believe it is a common experience that the Registry grants trademarks to very generic and descriptive names. This affects not only those who deal with trademark related matters but also affect all practising professionals. Now-a-days, it is well nigh impossible to get any name desired by our Clients.
In quite a few cases, I have been gobsmacked at discovering that the name desired is being rejected by ROC on flimsy grounds of a similar trademark existing. The funniest thing is that these trademark owners are not doing business in those trademark and they are getting generic and common names registered in their names. Is it a co-incidence that such trademark owners are also powerful corporate entities, and that less powerful entities cannot expect to get the name even if they are doing business in that same field for many many years?
For example, the 'info' name is completely off-limits as it is registered. Even suffixes, prefixes, pronouns, nouns, place names-nothing can affect the attitude of the Hon'ble ROC. That is why, when a party approaches me for Company formation, I categorically disclaim the availability of name, and I first check the trademark registry. Sometimes, I've to check more than 5-10 classes for similar names.
Please follow this link for 'allegations' of corruption in the trademark registry:
http://spicyipindia.blogspot.in/2011/03/breaking-news-cbi-raids-trademark.html

I neither insinuate nor allege anything. My opinion is based on what I gather from my work and read in the newspapers.
In my humble opinion, our professional members and the Institute must join together to curb this menace. A time will come when almost all names will be blocked on grounds of similar company or trademark name. With the information explosion, that time could come soon. There is now much more data on record compared to the data available earlier. Soon all the names will fill up and no person will be able to register Company at all, as you will have no name available. I will not be surprised if tomorrow Sodankoor or Ulhas i.e. my family name and my name is a registered trademark and I'm precluded from forming any company of my own.

I request fellow professionals and students to comment and enrich the discussion in this vexing issue.

Regards,

Ulhas

[ULHAS BHAT]

Another case of "super-efficiency" of the Trademark Registry:
http://spicyipindia.blogspot.in/2011/10/trademark-application-gets-filed.html

[MOHIT SALUJA]

Good article or we can say wonderful views Ulhas bhai

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Dear Sir/ Madam

                         Greetings of the Day.

Regards,
Mohit Saluja
Company Secretary
9914558709

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[Rajesh]

Ulhas, again my appreciation for the manner in which the issue has
been highlighted. simply superb. I too completely agree with your
observations. Now a days getting a name has become so tough and in
some instances impossible. the reasons attributed by the ROC
sometimes are very flimsy.


Rgds,
Rajesh
Mys

[CS Alpesh Dhandhlya]

Completely Agree with it but what can we do as Our India is GREAT. 

[ULHAS BHAT]

Mohit Bhai & Rajesh,

Thank you.

Alpesh, the solution would be to highlight such things in these types of forums. That could be the first step. Then the capable members could take it up with the Courts or respective authorities.

I think a permanent solution is required for this name problem. I'm too small a man to point this out to the August members of our Council, however I hope the hon'ble Council Members who would be a part of this CS Mysore forums could take it up with the Authorities, if they feel that there's some substance in my opinion.
A company becomes great with its activities. While stringent controls over TM Registration is excellent, as it prevents many from exercising rights over a name just by manipulating the registry, at the same time a pragmatic approach is necessary.
If the name 'Infosys' is registered, it does not mean that ABC Infotech Solutions must be rejected. Reject ABC Infosys, but why reject ABC Information Technologies. I'm giving just an example. For the sake of confidentiality, I'll not mention some of the names that are rejected on the grounds that they contain just a part of a registered trademark.
Some laid-down criteria will go a long way in curbing the vagueness of the name approval system, for example where two words are common with existing name or registered trademark, you can reject it, and so on. Without such criteria, and giving excessive discretionary power to ROC, will result in avoidable corruption and problems in name applications.

Regards,

CS Ulhas S Bhat
Practicing Company Secretary
Mangalore

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[MOHIT SALUJA]

But Dear Ulhas bhai, the statement you are giving and example you have give about ABC infosys is registered and ROC not accepting ABC infotech is totally wrong. as i have applied a no. of companies like this and those are approved. I think this depends upon the perception of eh ROC, as in many ROCs, such type of rejection is not there being seen.

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[Alpesh Dhandhlya]

Mr. Bhatt is totally right

As per my view, its very easy to name a chield new Borned , But its extream difficult to Get name of a company and Trademark registerd for that.

Many a times it depends upon the perception of ROC Officer.....

Dear Sir

Thanks &  Regards:

CS Alpesh R Dhandhlya

  Company Secretary

Contact No. 9904478071

[ULHAS BHAT]

Mohit Bhai,

As you rightly said, it depends on perception of the ROCs. For reasons that are obvious, I'm not making allegations on ROCs of specific states, however to take it further, we tend to have such bad experiences in some ROCs. There's a wide variation in the practices of ROCs of different states. To such an extent, that when there's a change of ROC, the entire attitude of the staff and case-workers change. If one is lucky to have a practical ROC, one would find one's approvals going through smoothly. In other cases, if one is unlucky to have a CBI officer as an ROC (meaning a very strict and utterly rigid ROC), all one's approvals would be stuck. For example, you can talk to ROC Kerala over the phone as a member of the public, but try that with ROC Karnataka, and you'll never get him on line. Meeting him is even more difficult a task.
Mohit Bhai, it is possible that ROC of your State is more flexible.

The case of infosys is just given as an example, it happened to a friend of mine, not me. My case is more unique. For reasons of confidentiality I cannot place it here. I can only mention it if I have your mail id. The case is very interesting, possibly we both could learn something from each other in that case :)
Regards,

CS Ulhas S Bhat
Practicing Company Secretary
Mangalore

[CS Shainshad Aduvanni]

Dear Sir,

Please see the Link below :

http://www.thehindu.com/news/cities/Coimbatore/attempt-to-murder-case-against-registrar-of-companies/article4679736.ece

Regards

CS Shainshad Aduvanni
Company Secretary
Coimbatore

09841414439

[ULHAS BHAT]

Wow. That's fantastic, Shainshad. We have such wonderful officials for ROCs.
Need we a better example for asking for reforms in the Office we deal with. The less said about the Office of the Official Liquidator the better.
One of my friend's approvals are all held up because he dared to complain against the ROC.
Power tends to corrupt, and absolute power corrupts absolutely (Quote from John Emerich).

Who will tell the Emperor that he's wearing no clothes?

Regards,

CS Ulhas S Bhat
Practicing Company Secretary
Mangalore

[S.V. Raman]

I compliment Mr Bhat for his prose and content. It was truly a pleasure to read his messages. Regards Raman --- On Tue, 14/5/13, ULHAS BHAT <ulha...@gmail.com> wrote:

[ULHAS BHAT]

Ramanji,

Thanks for the compliment, Sir. I hope to learn a lot from all of you.
Let's share and make this forum a success. It is only through such active interaction that there will be a uniformity in our procedures and processes. Indirectly, we'll be setting a new code and best business practices into action, as envisaged by our respectable institutes.

Regards,

CS Ulhas S Bhat
Practicing Company Secretary
Mangalore