Trademark Registration is an intellectual property registration under the Trademark Act of India. Trademark registration online provides ownership of intellectual property, rights to exclusive use of the registered trademark and legal protection in case of trademark infringement.
Stages involved for obtaining registration of a trademark:
1. Allotment of application number
Upon receipt of an application for registration, a serial number is allotted to the same, which is used as a reference number for application. Same number is used as Trademark Registration Number if the mark is registered.
2. Preliminary Examination Report
The Registry examines the application and sends a Preliminary Examination Report (“PER”) together with Formalities Check Report (“FCR”) to the applicant wherein the Registrar would call upon the applicant to remedy the deficiencies and departmental objections. The applicant has to reply to the PER and FCR within a period of one month.
3. Hearing
If the Registrar is not satisfied with the application and reply to PER, he may call the applicant for the hearing if the applicant in his reply requested for the same. If the Registrar is satisfied in the hearing he would order advertisement.
4. Advertisement in Trademark Journal
Upon acceptance of the application the Registrar should cause the application with the conditions and limitations, if any, to be advertised in the trademark journal as accepted.
5. Objections, hearing and registration
Any person within 3 months from the date of advertisement or re-advertisement may in prescribed to trademark registration in India by paying prescribed fees; i.e.,2,500/-. The applicant shall file counter statement in prescribed manner (Form TM 6) by paying prescribed fees; i.e.,1,000/-. Any party desirous of hearing must file application in prescribed manner (Form TM 7) by filing prescribed fees; i.e.,500/-. The Registrar after considering the written averments and after hearing, if any, decides as to the claims of the applicant and the opponent and thereafter if decision is in favour of the applicant, registers the trademark. Upon registration of the trademark, the Registrar shall issue registration certificate in prescribed form. Registration of the trademark shall be effective from the date of the application and shall be in force for the period of ten years from such date. In case any party to the opposition proceedings is aggrieved by the order of the Registrar, it may file an appeal against the same with the Tribunal.
Grounds of refusal:
Section 9 provides the absolute grounds for refusal of registration of any mark and section 11 provides for the relative grounds for refusal of registration. The rejection order is generally for the reason of attracting provisions of either section 9 or section 11.
Conditions for being eligible for registration as a trademark:
• Mark must be capable of distinguishing goods or services of one person from those of another.
• Mark should not consist exclusively of customary marks or indications in the current language or in the bona fide or established practices of the trade;
• Mark should not consist exclusively of shape of the goods resulting from the nature of the goods themselves
• Mark should not consist exclusively of marks or indications used in general for referring to the characteristics of goods or services like kind, quality, quantity, intended purpose, values, geographical origin etc
• Phonetic equivalent of registrable words would also be unregistrable. For example, “XTRA” cannot be registered, as the same is phonetic equivalent of “extra”.
• It should not consist exclusively of shape that gives substantial value to the goods; a designer watch having exclusive shape that gives it substantial value thus may not get registration. Such a shape may be registered under the Designs Act, 1911 as a design and not as a trademark.
• It should not contain or comprise of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
• It should not comprise or contain scandalous or obscene matter;
• It should not be of the nature as to deceive the public or cause confusion;
• Its use should not be prohibited under Emblems and Names (Prohibition of Improper Use) Act, 1950;
• Registration of a mark may also be refused if there is a likelihood of confusion on the part of the public including likelihood of association with:
(a) any trademark similar to earlier trademark used for similar goods or services
(b) any trademark similar to well-known trademark used for any goods or services
• Registration of a mark may also be refused if its use in India is liable to be prevented under the law of copyright or under the common law of passing off protecting an unregistered trademark.
Duration of a Trademark:
The term of a trademark registration is for a period of 10 years. The renewal is possible for further period of 10 years each. Unlike patents, copyrights or industrial design trademark rights can last indefinitely if the owner continues to use the mark.
What is a Trademark?A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs are used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others.
A SERVICE MARK is the same as trademark registration online except that it identifies and distinguishes the source of a service rather than a product.Any substance/matter for being a trademark shall fulfill the following conditionsIt must be a mark as defined under section 2(1)(m).Such mark must be “capable of being represented graphically”.Such mark must be “capable of distinguishing the goods or services of one person from those of others”.The mark must be in use or proposed to be used in relation to specific goods and or service.Legislation:The law of trademarks is governed by the trademark.
Rights conferred by registration:The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered.Who can apply?Any person can apply for registration of a trademark to the Trademark Registry under whose jurisdiction the principal place of the business of the applicant in India falls.
Name of the Trading style or Firm name, Company name.2.
Authorization Form on Form TM-48 in stamp paper and then to be signed by the authorized signatory in case if the applicant wants to engage the services of a Trademark Attorney.8.
If it is a Private Ltd Company or a Public Limited Company, please furnish the Memorandum and Articles of AssociationInformation:Full name and address of Applicant.
As the name Suggest a mark used for Trading of goods and services.
It is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
These days people are aware about the Trademark and Brand Registration and are also wanting to register it even before they start a business so that it cannot be copied by any other person.
Trademark Registration in Pune can be done in the name of Individual or in the Name of Company or LLP or Sole Properitorship.
Trademark registration helps establish ownership and protect brand of an entity.In this extremely competitive market securing your brand/Logo/Tagline services is very important and necessary.
Registration of Trademark helps to avoid the misuse or infringement of the brand name.
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Trade license is taken into account because of the path to managing the precise sort of business from a specific place.
It offers you a singular identity in comparison to other sellers especially once you sell it on online platforms like Amazon, Flipkart, etc.A Legal ProtectionIn case you doubt that your trademark is being copied by anyone else, you'll take up the difficulty legally and sue them if you've got registered your logo, brand name or slogan.Get Your Unique IdentityCustomers will identify a particular product or service only with the brand.
Registering a trademark ensures that competitors won't use it and hence it remains as a company’s unique asset.An AssetThe trademark can be a valuable asset in case your brand creates a name and succeeds.
It can be commercially contracted, sold, and franchised.Global Filing Of TrademarkA trademark that is registered and filed in India also can be filed in other countries outside India.
Soon, you receive the confirmation of the appliance, and you'll get the proper to use the ™ symbol.While filing for the trademark registration, the documents you would like to supply are as follows:Applicant’s nameBusiness typeBusiness objectivesBrand/logo/slogan nameRegistration addressIdentity And Business ProofsThe trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof.
It can be your Aadhar card, driving license, passport, ration card, or voter’s id.Using Logo With TaglineIf a trademark application is formed for a tagline with only words there's no need for a logo.
The US Patent and Trademark Office (USPTO) has announced a new Trademark Rule, which requires all applicants, registrants, or parties for Trademark Application whose domicile isn’t located within the US or its territories to be represented https://www.kashishworld.com/blog/new-uspto-trademark-rule-requires-foreign-applicants-to-have-a-us-attorney/
