The trademark of CMAs, which is currently under registration, has been challenged by the “Institute of Certified Management Accountants” based in New Jersey, USA. During the registration process of the trademark, a third party has raised objections against the recently introduced logo, “iCMA,” for Cost Accountants (CMAs) by the Institute of Cost Accountants of India (ICMAI).
According to Section 21(2) of the Act and Rule 44 of the Trade Marks Rules, 2017, a counterstatement needs to be filed at this office within two months in triplicate on Form TM-O (COUNTER STATEMENT) in response to the notice of opposition. The counterstatement should address the grounds mentioned in the opposition notice and specify any admitted facts, as stated in the Opposition Notice issued to the ICMAI.
On December 1st, an opposition counterstatement was sent by the applicant to the opposing party who opposed the registration of the trademark. The counterstatement was filed under section 21(3) of the Trade Marks Act 1999. Rule 45 of the Trade Marks Rules 2017 is also brought to the opponent’s attention. If no evidence supporting the opposition is provided to this Registry within 2 months, or if no indication is given that the applicant does not wish to present any evidence, the applicant will be considered abandoned as per Rule 45(2).
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The Applicant, since 1959, is a reputable and well-established statutory body dedicated to the academic and scholastic development of Cost and Management Accountants.
The applicant, formerly known as the “Institute of Costs and Works Accountants of India,” was initially established in pre-independent India in 1944 as a registered company under the Companies Act in force at the time. Its primary objective was to promote, develop, regulate, and mainstream the profession of Costs Accountancy and Management Accounting in India. Following Independence, the applicant was reconstituted and reestablished on May 28, 1959, as the “Institute of Cost and Works Accountants of India” under the Costs and Works Accountants Act, 1959 (now amended), which was duly passed by the Indian Parliament.
Consequently, the applicant was reconstituted and restructured as a statutory body under the aforementioned Act, to advance and propagate the profession of Cost and Management Accountancy in India, as stated by the Institute of Cost Accountants of India.
The acronym “CMA” represents a specialized designation in the field of Accounting and Finance, denoting “Cost and Management Accountant.” It indicates professionals with specialized training in Cost Accounting, Cost Management, Financial Accounting, and Strategic Management, as clarified by the Institute.
The abbreviation “CMA” stands for a particular title within the realm of Accounting and Finance, signifying “Cost and Management Accountant.” This designation pertains to professionals who possess specialized expertise in Cost Accounting, Cost Management, Financial Accounting, and Strategic Management, as explicitly explained by the Institute.
The institute argued in its reply dated 31/10/2023 that there is no real possibility of confusion between the “iCMA” mark and the opposing “CMA” mark.
It is worth noting that the “iCMA” logo was accepted and published in the Trade Marks Journal, No: 2110, on 26/06/2023, under Class 41.
On a different topic, the Registrar of Trademarks has accepted the application for registering the new logo of the Institute of Chartered Accountants of India (ICAI), known as the “wordmark.” This logo represents the professional community of Chartered Accountants (CAs) and features the phrase “CA INDIA” to indicate its national identity.
Given the recent changes to the logos of both institutes, stakeholders are hopeful for a positive outcome in the registration process. Considering the statutory nature and long-established history of both institutions, it is highly likely that the trademark will be recognized. However, it should be noted that objections may arise regarding the ICAI’s “CA INDIA” Logo once it is advertised in the journal, while the opposition against the ICMAI’s “iCMA” Logo needs to be resolved. We eagerly await further details on the approval status of the logos and the ongoing legal proceedings.
