Trademark

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TRADEMARK REGISTRATION

 

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of another enterprise. A trademark can be registered either in the form of Word, Device/ Logo, Letters, Slogans, Combination of Colors, 3D Marks, Shape of Goods etc. Even though registration of the trademark is not mandatory; but it is beneficial to get the trademark registered, as it provides statutory rights to the proprietor over the unregistered trademark. Trademark also gives exclusive rights to the proprietor for using the mark and also helps prevent competitors from using a mark that’s the same or is similar to the proprietor‘s mark. The protection of the trademark is provided under the Intellectual Property Rights.

Trademark once registered creates a company’s brand and reputation in the market, this helps in creating a relationship of trust and loyalty with the consumer enhances company’s goodwill. Subsequently, registration prevents confusion to the consumers as the registered trademark has captured the consumer’s attention to make the product stand out.

Who can file a Trademark?

Any entity including an artificial legal person or an individual who claims himself/ herself to be proprietor of the mark can file the trademark application for their respective goods and services. Even, the foreign proprietors or applicants can apply for the trademark in India through any representative legal or otherwise.

Documents Required for filing of Trademark

  1. Application Form TM-A to be provided with proper details.
  2. Power of Attorney on a Non Judicial Stamp Paper of Rs. 100/- duly executed by the Applicant in favour of agent or trademark attorney
  3. An image of the logo, in jpg format (if applicable)
  4. If the Applicant is a prior user- Affidavit of Use (if applicable)
  5. Incorporation certificate in case of company or LLP
  6. Identity proof of the applicant i.e. Aadhar Card, Driving License, Passport, or Voter Id etc.
  7. Address proof of the applicant i.e. Aadhar Card, Company Incorporation Certificate etc.

It is important to note that for getting the trademark registered all the above mentioned documents shall be sent in advance to either of our office address, Delhi or Mumbai.

Registration Process

Once the trademark is in the process of registration, if any alterations/ modifications are required to be made, Form TM-M is to be filed. Further, if any opposition is to be filed then Form TM-O is to be filed within the specific time period.

Thereafter, when the trademark gets registered, protection is granted to the trademark for 10 years from the date of filing of trademark i.e. the registration of trademark is provided for a period of 10 years. For the process of renewal, a renewal application TM-R has to be filed six months prior to the expiry of the renewal date.

After the increase of trademark registration in recent time, the Trademark Ministry has become more proactive in filing the trademarks. The time taken by the Trademark Registry now to register a trademark is 6 to 12 months approximately.

STAGES FOR TRADEMARK REGISTERATION

Trademark refers to a mark capable of graphically representation, as per goods & services, as defined under Fifth Schedule of Trade Mark Rules, 2002, of one person/organisation/entity from that of another which may also include combination of colours and trade dress. The Trade Marks Act, inter alia, provides for registration of trademarks/service marks, domain names and filing of multi-class applications and increment of the term of trademark registration, recognition of various trademarks such as, collective marks, well-known trademarks, etc., and protection from infringing activities such as, passing off of trademarks in the form of penalties & damages.

Trademark Classification: The trademark registry, in accordance with Nice Classification, has classified goods from Class 1 to 34 and Services from Class 35 to 45.

  1. Documents Required- To register a trademark the following documents should be sent to our office address Mumbai or Delhi
    • Duly Filled Application Form TM-A
    • An Image of the logo, if applicable
    • Proof of prior use, if applicable
    • Identity proof of the trademark Applicant eg., Aadhar card, driving license, passport, ration card or voter id
    • Address proof of the Applicant eg., Aadhar Card, Company Incorporation Certificate etc.
    • Incorporation certificate, if company or LLP
    • Power of Attorney to be attached with the application, duly executed by the Applicant, in favour of the agent or trademark attorney.
  2. At the Centre for Intellectual Property Research, Promotion & Facilitation, the process for registration of the trademark begins with a trademark search. We assist in conducting due pre-registration search across all the classes which further enables the Applicant to be aware of probable objections arising in the filing process.
    In the event of no identical or similar marks found in the applicable classes, we can proceed with filing.
  3. Trademark Registration process entails the following steps:
    • Application for registration along with the documents as mentioned above.
    • In case the trademark sought to be registered is in prior use, the date and evidence of the same must be provided. Nonetheless, a trademark can also be filed on a ‘proposed to be used’ basis.
    • Priority Claim: In case, a global application is made, priority claim application must be made in India, within 6 months of filing for registration in the Parent Country.
  4. Proceeding with the application, the Examiner, upon verification of the details, approve or reject the application and further issue an report to the Applicant stating acceptance or grounds of objections, if any. A reply to the Examination Report is due to submitted within one month of the examination report.
    If accepted or waiving of objection raised post submission of the reply, Advertisement would be made in the Trade Mark Journal.
  5. A Notice of Objection can be filed within 4 months of advertisement or re-advertisement following which, the Applicant is required to file a Counter Statement, along with evidence in support under Rule 50 of the Trademark Rules, within 2 months from the date of serving the Notice of Opposition. Following which, the Opponent is given the opportunity to file Evidence under Rule 52 of Trademarks Rules which, also, has to be submitted within 2 months from the date Evidence in Support of Application is served.
  6. In case of Acceptance of the application, the trademark would be published in the Journal and in case of a rejected application, with the help of CIPRPF, a Review Application may be made to the Intellectual Property Appellate Board – at nominal additional cost.

In the event of any identical trademarks detected the process of registration could be lengthened and the absolute registration costs may increase due to legal proceedings and hearings. Such costs may vary from one to another. If any similar mark is surfaced, the process could be quickened, based on the Examiner’s decision, even though it may include objections and hearings

Term of Registration: Once registered, a trademark is granted 10 years of protection from the date of registration which can be renewed for a term of 10 subsequent years, indefinitely. Renewal application has to be filed six months prior to the expiry of the renewal date.

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