Trademark Registration

Trademark registration in India is a legal process established by the Trade Marks Act of 1999. Trademarks are signs used to distinguish in the marketplace the goods or services of one enterprise from those of other enterprises. They allow customers to identify a business as the source of a product or service. The brand and logo can be protected by registering a trademark, also known as logo registration/brand registration, which prevents others from using it. Registering a trademark allows the owner to obtain exclusive ownership of the logo/name/brand. If a corporation or individual wants to protect their logo from any unauthorized use of the third-party, it must go through the trademark registration procedure in India. In the event of trademark infringement, trademark registration grants the right to sue the unauthorized user of the registered trademark. Registering a trademark increases customer confidence and recognition in the market. The established quality of your product and services is known to everyone through the trademark, which builds trust and goodwill among customers in the market. It aids in the creation of loyal customers who always choose the same brand and long-term clients who will consistently choose your trademarked brand over others.

Trademark Objection Reply

Once a Trademark Application is filed, the registrar will examine the Application and if registrar finds out any incorrect information in the application form or not finds the trademark appropriate for registration with any sort of reason then he marks the trademark application as objected and issue an Examination Report citing certain objection. The objection cited can be on absolute grounds of refusal as provided under section 9 of the Trademarks Act or relative grounds of refusal as provided under section 11 of the Trademarks Act, 1999 or other relevant grounds depending on the facts of the matter.

The applicant must submit an extensive response to the registrar within one month of the examination report in support of his trademark.

If there are no objections, then the mark shall be ordered to be advertised before acceptance (ABA) or accepted and advertised (AAA).

Trademark Opposition

• Raising Trademark Opposition

  Trademark opposition is a legal challenge raised against the registration of a trademark. This process allows third parties to object to registering a new trademark application that they believe could infringe upon their trademark rights or cause confusion among consumers due to similarity with an existing trademark.

  Anyone may file opposition for the trademark if they find that trademark in anyhow manner similar to their trademark or believes that the trademark should not be registered on any other valid legal ground. If more than one person has the same issue against the particular trademark, they can collectively take part against that particular trademark registration.

• TM Opposition Counter Statement

  A counter statement is a response filed by the applicant of a trademark after they have received a Notice of Opposition from an opponent. The counter statement is a formal document that responds to the allegations made by the opponent in their Notice of Opposition. The applicant must file their counterstatement to the notice of opposition raised against them to the Registrar within two months of receiving the copy of the notice of opposition stating their facts. The Registrar will serve the copy of the counterstatement to the opposing party within two months of receiving the counterstatement. In the counter statement, the applicant may admit or deny the allegations made by the opponent in their Notice of Opposition. The applicant may also provide evidence and arguments to support their trademark application and to refuse the grounds of opposition raised by the opponent. The counter statement is an important step in the opposition process, as it allows the applicant to defend their trademark application and to present their case to the trademark office. It's important to note that failure to file a counter statement within the specified period may result in the abandonment of the trademark application.

• Trademark Assignment

  A trademark assignment is a written document which helps to transfer a recognized word, phrase, and symbol or design from the original owner to another owner. The person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. The transfer of ownership of the trademark can occur with or without the goodwill of the business.

• Trademark Renewal

  Trademark renewal becomes necessary when the initial registration period of a trademark is about to expire. A registered trademark is only valid for 10 years, after which it needs to be renewed. The trademark renewal application form must be submitted at least six months before the expiry of the trademark registration. Active and renewed trademarks provide legal certainty, allowing businesses to enforce their exclusive rights against potential infringers, thereby safeguarding their market share. Consistent renewal also contributes to the maintenance of consumer trust and brand reputation, as consumers often associate a registered trademark with quality and authenticity.

• Trademark Hearing

  A trademark hearing is a process in which, if the registrar is not satisfied with the reply submitted to the Examination Report, he shall call the applicant for a Trademark Hearing by issuing a show-cause notice.

  The applicant can attend the trademark hearing either in person or through a Trademark Agent/Attorney. Trademark hearing provides the applicant an another opportunity to explain why their mark deserves registration and why the objection remarks should be dismissed by the Examiner. The applicant may also provide or submit any additional evidence or documents (if required) at the time of the hearing. After the hearing and submission of required evidence and documents, it is at the discretion of the Trademark Examiner whether to allow, refuse or abandon the trademark application. The decision can be pronounced during the hearing or the Registrar can hold his decision for a few days.

• Trademark Rectification

  Trademark Rectification is a legal procedure for correcting the mistakes and errors in the Trademark. The need for rectification can occur anytime, during the TM registration procedure or even after the registration. Trademark rectification is a crucial component that maintains the accuracy of the Trademark records. This process addresses situations where a trademark may have been erroneously registered or remains in the register even after expiration. In all these cases, the Indian Trademark Act has a provision for filing for rectification of the registered trademark.

• Trademark Availability

  To check trademark availability is an important first step to consider whether to apply for a potential trademark or not. In India all the trademarks are controlled by the Comptroller General of Patent Designs and Trademarks and recorded by the Indian Trademark Registrar. Before the applicant spend time, money and resources in trademark registration it is advisable to conduct a trademark search through the online database to check the availability of the desired trademark name. The trademark search database is a collection of all trademarks filed by different parties in India. All the trademarks are given on the website of Controller General of Patents, Designs, and Trade Marks. The database of the Trademark Registry contains information on all registered /pending/ expired trademark applications in India. This process helps the applicant to mitigate the possibility of any conflict that may arise during the process of registration, if any trademark or label is deceptively similar to or identical to the proposed trademark.

Patent

• Patent Availability

  A novelty or Patentability Search is conducted to check the patentability or uniqueness of any invention before an inventor makes an application for patent protection. Patent search can be done to improve the chances of obtaining a patent registration or to find information about new inventions that have patent protection.

• Provisional Patent

  A provisional patent is a preliminary step and is obtained to get protection before being able to file a complete patent. When a person is involved in R&D even if they do not have a fully formed design or process that is patentable, they may obtain a provisional patent to protect their work. The option is created to provide investors with an inexpensive way to temporarily protect their inventions until they decide to pursue a full patent. A provisional patent application has a twelve month pendency period from the date of filing after which the inventor has to file a complete specification to take advantage of the filing date of the provisional application. Full patent applications filed within twelve months of the provisional application date have the benefit of "relating back" to the provisional patent application. This means that should a dispute arise over invention ownership, the Patent Office will accept the provisional patent's earlier filing date as the date of filing. If the complete specification is not filed within a year, the provisional patent application is considered abandoned.

• Permanent Patent

  A permanent patent primarily verifies that the patented innovation is fully protected under the nation's legal framework or legislature. The permanent patent is an exclusive legal right of an inventor, this right vest in the patent for 20 years. A patent gives its proprietor the privilege to prevent others from making, utilizing, bringing in or offering the creation without the owner’s approval. It is is an intangible asset that can be sold, franchised or commercially contracted.

  The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and Trade Marks.

Copyright

• Copyright Registration

  Copyright registration in India is a legal process that provides protection to the creators of original literary, artistic, musical, and other intellectual works. It is an essential step that helps creators secure their intellectual property rights. It is a right conferred upon the author or creator of the work that no one can copy or reproduce or replicate their original work without the authorization of the owner.