Continuous internal evaluation

Assignment type-1
Trademark filing

Team members
 B.MAHATHEER MOHAMED
 R.GOHUL
 M.VISHAL ANAND
 R.SUBHASH

BRIEF DESCRIPTION OF THE APPLICANT AND THE TRADEMARK SOUGHT

The applicant Mr.Vadivelu is a very famous kollywood actor who has acted in numerous films in
a career spanning over thirty years. He has reached a point of stardom which very few have
achieved in the incredibly competitive film industry. Known for his versatility and slapstick
humor it is safe to say that Mr. Vadivelu ruled the industry for two decades creating a fan base of
millions. His dialogues and mannerisms have become a part and parcel of everyday conversation
and some have even become titles of a few films.

He plans to launch a mobile application providing a dedicated service to his fan following having
films, games and other features based on his on screen personalities. He plans to use the name
‘Vaigai puyal’ for this app and therefore he plans on obtaining a trademark for the same along
with a sound mark for his characteristic ‘howling’ which is compulsory part of his comedy strips.
 FORM

TM-A

The Trade Marks Act,

1999 Application for

registration of a trademark

[The relevant information must be filled up in coloured box against the

respective head]

1. NATURE OF THE APPLICATION: 1. Standard trademark

[(a) The applicant must choose either of the following categories-
1. Standard trademark, 2. Collective Mark, 3. Certification Mark, 4. Series Marks
Standard trademark here means an application for registration of a trademark not being

a Collective or Certification trademark or

Series of marks
(b) In case of Collective Mark or Certification Mark the draft regulations with form TM-

M must be submitted.]
2. Whether application filed as (Please choose and Individual

specify)

In case of startup/ Small Enterprise, requisite

 certificate should be provided.
FEE: Rs.5000
3. APPLICANT
Name: * Kumaravadivel Natarajan

(professionally known as Vadivelu)

Trading as: none
Address:* none

[ This address should be the address of the applicant's principal place of business in

India]
Address for service: 21, buthi vinayagar street,

near post office , Madurai -18, Tamil

Nadu, India

[(a) Unless otherwise specifically stated, the applicant's address shall be the address for

service of the applicant who has principal

place of business in India.

(b) The address for service in India must be provided, in case the applicant does not carry

business in India]
Mobile No.: 9943673000
E-mail address*: [email protected]
Nature of the applicant: individual
[The applicant must choose either of the following categories-

1. Individual, 2. Partnership Firm, 3. Body-incorporate including Private Limited/limited

Company, 4. Limited Liability Partnership,

5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9. Association of

persons 10. Hindu Undivided Family

4. APPLICANT'S AGENT (if any):
Name*: GSV law firm
Address*: 18, bafna enclave west ramalingam
[In case of authorization of agent, the address of
road, jayanthi nagar, Madurai- 2,
the agent may be
Tamil Nadu
mentioned as the applicant's address for service]
Mobile No.* : 9943673000
E-mail address*: [email protected]
Nature of the Agent: 2. advocate
[The applicant must choose either of the following categories-
 1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
Registration No.: 87086529
5. TRADEMARK: Vaigai Puyal ( English

translation of puyal – storm) and an

associated sound mark

audio1.mp3
(click to play)
Category of mark: Word mark and an associated

sound mark
[The applicant must choose either of the following categories-
1. Word mark (it includes one or more words, letters, numerals or anything written in

standard character), 2. Device mark (it includes any label, sticker, monogram, logo or

any geometrical figure other than word mark), 3. Colour (when the distinctiveness is

claimed in the combination of colours with or without device), 4. Three dimensional

trademark (it includes shape or packaging of goods), 4. Sound

Description of the mark: Standard character mark, involves

the nickname of a popular kollywood

actor - “Vaigai Puyal” along with

the ancillary sound mark -

audio1.mp3
(click to play)
.

6. IF MARK IN A LANGUAGE OTHER THAN

 HINDI OR ENGLISH:
Language: TAMIL
Transliteration of the mark in roman script: Vaigai puyal
Translation of the mark in English: Storm of Vaigai
…
7. Conditions or Limitations to use the trademark, if

any
8. CLASS OF GOODS OR SERVICE: DESCRIPTION OF GOODS AND

SERVICE:

Class 41 – Nice classification – education and The services will be provided by the

entertainment applicant via a mobile application

under the trademark name ‘Vaigai

Puyal’ along with the sound mark

audio1.mp3
.. (click to play).The

application will contain exclusive

interviews, insights and iconic scenes

from the movies in which the

applicant has acted in.

9. STATEMENT AS TO USE OF MARK: The mark is proposed to be used in a

mobile application that is soon to be

released by the applicant on both ios

and android platforms.

10 PRIORITY CLAIM, IF ANY:

Priority claimed since none
. Priority claim based on application filed in the none
 Convention Country or organization
Priority Application No. none
[The priority must be claimed in respect of all goods and services mentioned in the

application]
11 ANY OTHER IMPORTANT INFORMATION none

. OR STATEMENT:
[Applicant may provide here any other information or statement in relation to his

application]
1 VERIFICATION: I hereby verify that above mentioned

2. facts are true

and correct to best of my knowledge

and belief.
13 DETAIL OF THE PERSON SUBMITTING R.SUBHASH, legal counsel for

. THE APPLICATION: Mr. Kumaravadivel Natarajan, GSV

law firm.
Signature:
Name: R.SUBHASH
Authority: nil

Brief description of the opponent and the opposition:

The opposition for the said trademark application was filed by Mr.Aascaar Ravichandran one of

the leading film producers in the kollywood industry. The main contention of the opposition is

that the characters potrayed and titles offered to the applicant which he plans on exploiting

commercially are the intellectual property forming a part of his films.

FORM TM-O
The Trade Marks Act, 1999
Opposition/Application for Rectification of the Register/Counter statement / Refusal or
invalidation of a trademark under Geographical Indication of Goods (Regulation and
Protection) Act, 1999
[The relevant information must be filled up in coloured box against the respective head]

[In case of off line filing, the form should be fined in duplicate]
1 Applicant or Registered Opponent – Aascaar Ravichandran( Aascaar
Proprietor/Opponent films)
/Third Party Making The
Application/Request
[(a) Anyone from the above, must be chosen on whose behalf the
Notice/Application/Request is being submitted.
(b) 'Applicant' or 'Registered Proprietor' here means the person who is recorded as
such in TMR records in respect of the referred application or registered trademark.
The 'Opponent' here means the Opponent in the referred opposition proceeding or an
Applicant for Rectification desiring to cancel or vary the registration of the trademark
of someone else. 'Third Party' means the person who is not a party to the
application/opposition/Rectification referred to.]
FEE Rs.3000
Name* Aascaar Ravichandran
trading as: Aasacaar films
Address:* 32, beach road, seceratriat complex, chennai-
25,Tamil Nadu, India
(State) (Country)
Address for service: 22, besant nagar, beach road, Chennai-23, Tamil
Nadu, India
(State) (Country)
Mobile No : 9444107609
E-mail address*: [email protected]
[(a) Unless otherwise specifically stated, the applicant's/opponent's/third party’s
address shall be the address for service of the applicant who has principal place of
business in India.
(b) The address for service in India must be provided, in case the
 applicant/opponent/third party as the case may be, does not carry on business in India]
Mobile No : 9092020000
E-mail address: *
2 AGENT OF THE APPLICANT OR REGISTERED
PROPRIETOR/OPPONENT/THIRD PARTY, AS THE CASE MAY
BE, (if any)
Name*: KPR law firm
Address*: 35, shenoy nagar, pulla avenue, Chennai - 18
Mobile No* : 9842234839
E-mail address*: [email protected]
Nature of the Agent: advocate
[The applicant must choose either of the following categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
Registration No.
[In case of authorisation of agent, the address of the agent may be mentioned as the
address for service of the applicant/opponent/third party as the case may be]
3 PURPOSE
This column is divided in three subcategories and the same is required to be chosen
by the applicant as per requirement and be filled accordingly.
a In the matter of filing opposition/rectification
Application/Registered Trade Class(es)
Mark No. 87086529
Trade Mark Standard name mark accompanied by 41
a sound mark ( Nice
Application published in Journal classificati
No. on –
education
and
entertainm
ent)
[The copy of the journal publication needs to be attached]

GROUNDS OF OPPOSITION/RECTIFICATION

The opposed mark does not belong to the applicant

in the sense that he is not the rightful proprietor of
the said mark. It was in the film ‘Winner’ that was
produced by Aascaar Ravichandran under his own
banner Aascaar films the title ‘Vaigai Puyal’ was
first used. The applicant wrongfully claiming title
over the intellectual property as one’s own amounts
to passing off as under the trademark act 1999.

The opposed mark does not qualify the required

criteria under section 2(1)(zb) of the trademarks act
1999 as the words in the mark were generic and
referred to a geographical location.

Moreover the concept of acquired distinctiveness as

an exception to sections 9 and 11 does not come
into play as the applicant was not that famous for
the said mark to acquire secondary distinctiveness.

In addition to the last point there are several famous

kollywood actors who carry titles containing the
words ‘Vaigai’ and ‘Puyal’ for eg – ‘Vaigai
thalapathy’, ‘Nagaichuvai Puyal’,etc.

The application for an ancillary sound mark is not

valid for these reasons:

The audio clip for which the mark is being claimed

has no graphical representation as it is purely a
human made sound arising from the vocal cords of
the said applicant. Therefore it has not satisfied the
criteria under rule 26(b) of the trademark rules
2017 which makes graphical representation by way
of ‘notations’ necessary.
b
IN THE MATTER OF (for filing Counter
Statement)
Opposition/Rectification No. 87087892 Class(es)
Application/Registered Trade 87086529 41 ( Nice
Mark No. classificati
on –
education
and
entertainm
ent)
Details of Counter statement
The counter statement filed by the applicant is as follows:

There was proper trademark search in the intellectual property databases before filing
of the application
The notion of the opposition that the trademark is a descriptive mark as its is devoid of
any distinct character as required under section 2(1)(zb) of the trademarks act 1999
based on the generic word Vaigai which refers to a geographical location in India and
the word puyal which means storm is unfounded as the said marks come under the
exceptions to section 9(1) of the trademarks act,1999 in which acquired distinctiveness
is cited as one of the exceptions to absolute grounds of refusal of trademarks.

The notion that the said name mark along is a property of the oppositions film
production company ‘Aascaar films’is false as the title ‘Vaigai Puyal’was a fan given
title to the applicant even though it was first used in the films produced by the
opposition. Moreover applicant has acted in over 200 films and has achieved the kind of
stardom and fanbase very few actors have.

The notion that a sound mark is cannot be trademarked is very old school as the latest
practices and the precedents with respect to the Indian trademark act have granted
trademarks to several non conventional marks such as the ‘Yahoo Yodel’ for instance
among a few examples’ the audio clip for which such a mark has been requested has
been submitted in the accepted mp3 format.
c Request to refuse or invalidate a trade mark u/s
25(a) (b) of GI Act, 1999
Application/Registered Trade none Class(es)
Mark No
 STATEMENT OF CASE [Statement of Case needs to be drafted in detail and
verified by the
Applicant; and an affidavit of the applicant in
support, needs to be attached.]
4 DETAIL OF THE PERSON SUBMITTING THE APPLICATION
Signature
Name R.GOHUL
Authority none
5 LIST OF DOCUMENTS none
ATTACHED, IF ANY