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Tintumon, is a character which was created and spread through text messages in mobile phones. Trademarks in India are classified in about 42 classes and these classes again are further sub-divided. The most important point is whether an applicant who has not got a registration for a trademark yet, is entitled to publish such a caution notice? Section 142 of the TM Act, 1999 provides a remedy against groundless threats of legal proceedings.
My response is with regard to Section 27 (1) & (2), Section 27(1) provides protection only during Infringement but Section 27 (2) protection is extended to passing Off goods, so here in the present Caution notice, nowhere they have mentioned about the Infringement rather they have spoken about the Passing Off their goods. This character is portrayed as a small boy who likes to ask embarrassing questions and has a very straightforward thinking. The main objective of trademark classification is to group together the similar nature of goods and services. Audios & Videos are concern, it is not clear that being Audios-Videos enterprise why they have filed an trademark application for class-38 which is about Telecommunication. In other words section 9 (2)1 seeks to prevent registration of marks, which are likely to deceive the public or cause confusion. Audios & Videos starts to use Tintumon as their Trademarks then it will surely cause confusion among common people.
He is quick-witted, mostly inventive, and normally can’t stop himself from commenting on everyday issues.
Audios & Videos is entitled to get trademarks registration for a popularly known character like Tintumon?Secondly- whether filing trademark applications gives the applicant a right to publish a Trade Mark Caution Notice or not?

However the popularity of Tintumon increased to such an extend that books were published on Tinutmon jokes; even the mainstream media referred Tintumon in a Malayalam movie named Kalyanaraman (Year 2002). Audios & Videos has filed Trade mark applications under the Trade Marks Act, 1999 and same is under process of registration at Trademarks Registry, Chennai. 142 (1) will not lie if the registered proprietor of the trade mark (or a registered user) with due diligence commences and prosecutes an action for infringement against the person threatened.
But here the concerned party is not yet a registered user of the trademark; so they are not entitled to put out such a caution notice and are liable to be sued for the same. Gopalakrishnan, Ministry of Human Resource Development (MHRD) Chair Professor at Cochin University of Science and Technology (CUSAT) and Prof. The term “Publici Juris” is a term used to describe those things that belong to the entire community, and not to any private party. As far as the spirit of Indian Trade Marks Act 1999, no one can attempt to register a mark which can be classified as “Publici Juris”.
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Tintumon kavayathri Enter Sugathakumariyumaayulla tintumonjokes post JOKES the year Tintumon need TINTUMON times. Audios & Videos has filed Trademark applications in class-09, class-16, class-38 and 41 the Trade Marks Act, 1999 and that the same is under process of registration at Trademarks registry, Chennai.
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