Radhika Savani
Our company's name is samaj infotech, which is work under proprietorship firm. We are planning to convert our company to private limited, but the name Samaj was already trademarks, if we apply as samajinfotech jointly, then if possible to apply for further process?
Thank you.

From India, Gandhinagar
compliance-calendar-llp
Hi Radhika,

We just saw your query and are not sure if your problem was resolved.

Please note that getting a trademark registered depends on multiple aspects one of them is Trademark Objection. It is suggested that you add some prefix/ suffix to make it unique in both Private Limited Company Registration and Trademark Registration.

Refer to Section 11 of Trade Marks, 1999 so that you have a better chance of getting it Accepted.

PS: I am not sure if this query is relevant to CiteHE.

From India, Delhi
aussiejohn
658

This is not relevant to a HR forum. Please discuss these matters with your legal team. They are the people you need to speak to. Please confine future posts to HR questions and problems.
From Australia, Melbourne
raghunath_bv
149

Hi Radhika Savani,

It's important to consult with a legal professional for advice tailored to your specific circumstances.

When it comes to trademark issues, the availability of a similar name can depend on various factors, including the jurisdiction and the specific goods or services covered by the trademarks. If "Samaj" is already a registered trademark, you may need to consider whether adding "infotech" is sufficient to differentiate your company name.

However, even if you can register a similar name, it's crucial to consider the potential for confusion in the marketplace. Trademark law aims to prevent consumer confusion, so if the names are too similar, it could still lead to legal issues.

Here are some steps you might consider:

Consult with a Trademark Attorney: A legal professional with expertise in trademark law can provide specific advice based on the laws in your jurisdiction and the details of your case.

Search for Existing Trademarks: Conduct a thorough search to identify any existing trademarks that might be similar to the name you are considering. This includes not only exact matches but also similar-sounding names.

Consider Alternate Names: If the trademark search reveals potential conflicts, you might want to explore alternative names for your company.

Application Process: If you decide to proceed, you can apply for the trademark registration with the modified name. Keep in mind that the registration process can take time, and there is no guarantee of approval.

Review Trademark Classes: Trademarks are registered for specific classes of goods or services. Ensure that your application is filed in the appropriate class relevant to your business.

Notify Current Trademark Holder: While not always required, it might be a good practice to inform the holder of the existing trademark about your intentions. This can sometimes lead to an amicable resolution.

Thanks

From India, Bangalore
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