IPR
Trademark
TRADEMARK INTRODUCTION
A trademark is a
identification of your goods, it is symbol which a person use in the course of
trade in order to that his good may be distinguished by purchasing public for
similar goods of other traders.
A trademark is a
identification of your goods, it is symbol which a person use in the course of
trade in order to that his good may be distinguished by purchasing public for
similar goods of other traders.
Registration of
trademark under trademark act 1999 confers a statutory monopoly in the use of
that mark in relation to the right to use in the port of law. For the
infringement of his mark in any part of the republic of India and shall
consequently be liable to criminal prosecution and civil Action with all costs
and damages as provided by law.
TRADEMARK REGISTRATION
1) PROTECTION AGAINST INFRINGEMENT: With the proper evidence and guidance of
a legal professional, the company can protect their trademark. In
India, the Trade Marks Act 1999 offers the legal protection for
trademarks. This Act outlines the framework for trademark registration with the
guidelines for examination, registration, and renewal process.
2) EXCLUSIVE
TRADEMARK RIGHTS: The trademark
owner shall have the exclusive right of designating by the trademark the goods
or services it is granted for, and the exclusive right of using the trademark
for such goods or services.
3) RECOGNITION TO QUALITY: A registered trademark helps you
distinguish your goods or services from your competitors. It becomes a unique
identifier, ensuring that consumers can easily recognize and choose your brand over
others.
4) BUILD CUSTOMER LOYALTY: By diligently managing their trademarks, businesses can
decrease the risk of brand dilution and establish long-lasting connections with
consumers. Building and protecting a company's brand equity fosters
consumer loyalty, as it ensures a brand's consistent presence and positioning
in customers' minds.
5) CREATION OF A
VALUABLE ASSET: In conclusion,
intellectual property is an important asset for any business. By
understanding the different types of IP rights, a business can protect their
creative work and prevent others from using it without permission.
PROCESS OF TRADEMARK
REGISTRATION
Ø TRADEMARK SEARCH
Before beginning the
trademark registration process, the entrepreneur or a trademark professional
must conduct a trademark search of the trademark database. A trademark search
will provide information about identical or similar trademark that has already
been filed with the trademark registry.
Ø TRADEMARK SEARCH
Once a trademark
search is completed, the application for trademark registration can be filed
with the Trademark Registrar. The application for registration of trademark
must be made in the prescribed manner and filed along with the fee for
trademark registration.
Trademark application
can be filed at one of the five Trademark Registrar Office having jurisdiction
over the State or online. Trademark applications can be filed online a
trademark agent or lawyer.
A trademark
registration application must contain the following information:
ü Logo or
the Trademark.
ü Name and
address of the trademark owner.
ü
Classification or Trademark Class.
ü
Trademark used since date.
ü
Description of the goods or services.
TRADEMARK APPLICATION ALOTMENT
Once the Trademark
registration application is filed with the Trademark Registrar, a trademark
application allotment number is provided within one or two working days
The trademark
application can also then be tracked online through the Online Trademark Search facility.
Typically, on
obtaining trademark application allotment number, the owner of the trademark
can affix the TM symbol next to the logo.
VIENNA CODIFICATION
The Vienna
Classification or Vienna Codification, established by the Vienna Agreement
(1973), is an international classification of the figurative elements of marks.
Once the trademark
registration application is filed, the Trademark Registrar will apply
the Vienna Classification to the trademark based on
the figurative elements of marks.
While this work is
in progress, the trademark application status usually reflects as “Sent for
Vienna Codification”.
TRADEMARK EXAMINATION
Once Vienna
Codification is completed, the trademark registration application will be
allotted to a Trademark Officer in the Trademark Registrar Office.
The Trademark Officer
would then review the trademark application for correctness and issue a
trademark examination report. The Trademark Officer has the ability to accept
the trademark registration application and allow for trademark journal
publication or object the trademark registration application.
If the trademark
registration application is objected by the Trademark Officer, the trademark
applicant has the right to appear before the Trademark Officer and address the
objections.
If the Trademark
Officer is satisfied with the justifications of the trademark applicant, the
trademark would be allowed for trademark journal publication.
In case the Trademark
Officer is not satisfied with the justifications, the trademark applicant has
the right to appeal the decision of the Trademark Officer before the
Intellectual Property Appellate Board.
TRADEMARK JOURNAL PUBLICATION
Once the trademark
registration application is accepted by the Trademark Registrar, the proposed
trademark is published in the Trademark Journal.
The trademark journal
is published weekly and contains all the trademarks that have been accepted by
the Trademark Registrar. Once the trademark is published in the trademark
journal, the public have an opportunity to object the
trademark registration, if they believe they will be damaged by that
registration.
If there are no
objections filed within 90 days of that publication, the mark will typically be
registered within 12 weeks – months’ time.
If the trademark
registration application is opposed by a third-party, hearing will be called
for by the Trademark Hearing Officer.
Both the trademark
applicant and the opposing party have the chance to appear at the hearing and
provide justifications for registration or rejection of the trademark
application.
Based on the hearings
and the evidence presented, the Trademark Hearing Officer will determine if the
trademark registration application should be accepted or rejected. The decision
of the Trademark Hearing Officer can also be challenged by escalating to
the Intellectual Property Appellate Board.
TRADEMARK REGISTRATION
Once there are no
objections or oppositions for the trademark registration application, the
trademark manuscript and trademark registration certificate will be prepared
and sent to the trademark application.
Once the trademark
registration certificate is issued, the trademark is considered to be a
registered trademark of the owner, granting the trademark owner exclusive use
of the mark. The ® symbol can now be placed next to the logo or trademark.
📄 Document
Title: TRADEMARK REGISTRATION FORM
📜 Document Instructions:
Format: 📝 Word Document
📄 Document
Title: TRADEMARK REGISTRATION COMPANY PROFILE
📜 Document Instructions:
Format: 📄 PDF
📄 Document
Title: APPLICATION FORM OF TRADEMARK
📜 Document Instructions:
Format: 📄 PDF
Service Related FAQ
WHAT IS A TRADEMARK?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
HOW TO SELECT A GOOD TRADEMARK?
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
CAN A REGISTERED TRADEMARK BE REMOVED FROM THE REGISTER?
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?
HOW DO I FIND A TRADEMARK NAME?
To determine if the name is on file with the trademark registry, visit the Indian government's Trademark registry or perform an IP India Public Search. These databases often provide insights into whether another company has filed for protection of their brand name in a manner that could affect your use of yours.
WHAT IS "FORMALITIES CHK PASS" STATUS IN TRADEMARK?
trademark application status "Formalities chk pass" indicates when the Indian Trademark Registry authenticates the submitted records. The status also ensures that all information is correct and is in the correct format or not as specified.
WHAT IS EXAMINATION REPORT IN TRADEMARK?
A Trademark Examination Report is prepared within 3 to 6 months after the Trademark Application is filed. The examiner examines the application for any flaws and then issues an examination report that contains the objections to the application.
WHAT IS A OPPOSITION NOTICE IN TRADEMARK?
Section 21 of the Trademarks Act, 1999, provides that any person can file a notice of opposition to the Registrar. This includes companies, individuals, trusts and partnership firms. Thus, any aggrieved third party can raise opposition to trademark registration.
WHAT IS TRADEMARK?
A SPECIAL SYMBOL, DESIGN OR NAME THAT A COMPANY PUTS ON ITS PRODUCTS AND THAT CANNOT BE USED BY ANY OTHER COMPANY.
HOW MANY STEPS IN TRADEMARK REGISTRATION?
STEP 1: TO SEARCH FOR A TRADEMARK. ... STEP 2: TO FILE THE TRADEMARK APPLICATION. ... STEP 3: EXAMINATION OF THE TRADEMARK APPLICATION BY THE GOVERNMENT. STEP 4: POST- EXAMINATION. ... STEP 5: ADVERTISEMENT OF THE TRADEMARK. ... STEP 6: OPPOSITION FROM GENERAL PUBLIC. ... STEP 7: REGISTRATION OF THE TRADEMARK.
HOW MANY TIME TO TRADEMARK REGISTRATION?
TRADEMARK REGISTRATION IS A LENGTHY PROCESS AND IT TAKES AROUND 18-24 MONTHS TO OBTAIN REGISTRATION IN A STRAIGHT-FORWARD CASE, WITHOUT ANY OBJECTIONS OR OPPOSITIONS. HOWEVER, THE TRADEMARK APPLICATION NUMBER IS USUALLY ISSUED WITHIN ONE OR 2 DAYS AFTER FILING.
WHAT IS OBJECTED IN TRADEMARK & HOW MANY TYPES OBJECTION?
THE OBJECTION CITED CAN BE EITHER UNDER SECTION 9 (ABSOLUTE GROUND) OR UNDER SECTION 11 (RELATIVE GROUNDS) OF THE TRADEMARKS ACT, 1999. ACCORDING TO SECTION 9(1), A TRADEMARK CANNOT BE REGISTERED IF: THE TRADEMARKS ARE INCAPABLE TO DIFFERENTIATE THE APPLICANT'S PRODUCTS/SERVICES FROM THOSE OF OTHERS.
WHAT IS SECTION 9 OBJECTION IN TRADEMARK & SEC 11?
SECTION 9(2) OF TRADEMARKS ACT, 1999. THIS SUBSECTION PRIMARILY BARS THE REGISTRATION OF TRADEMARKS ON THE GROUND OF IT BEING CONFUSING OR DECEPTIVE, HURTFUL TO RELIGIOUS SENTIMENTS OR SCANDALOUS. THE OBJECTION IS RAISED UNDER S 11 (1) OF THE TRADE MARKS ACT, 1999, AS THE MARK IS IDENTICAL WITH OR SIMILAR TO EARLIER MARKS IN RESPECT OF IDENTICAL OR SIMILAR DESCRIPTION OF GOODS OR SERVICES AND BECAUSE OF SUCH IDENTITY OR SIMILARITY THERE EXISTS A LIKELIHOOD OF CONFUSION ON THE PART OF THE PUBLIC.
WHAT IS TRADEMARK HEARING ?
A TRADEMARK HEARING IN INDIA IS AN ADMINISTRATIVE PROCEEDING CONDUCTED BY THE REGISTRAR OF TRADEMARKS TO RESOLVE DISPUTES BETWEEN TWO PARTIES REGARDING THE REGISTRATION, RENEWAL, OR INFRINGEMENT OF A TRADEMARK.
WHAT IS TRADEMARK OPPOSITION?
TRADEMARK OPPOSITION IS A LEGAL CHALLENGE AGAINST THE REGISTRATION OF A TRADEMARK, INITIATED DURING ITS FOUR-MONTH PUBLICATION PERIOD IN THE OFFICIAL GOVERNMENT JOURNAL.
