Trade Mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
Trade Mark can be a sign, word, letter, number, drawing, signature, picture, emblem, colour or combination of colours, shape of goods, packaging or sound or any combination ot the given goods or services.
Trade Mark is a tool that guarantees and protects the brand identity and its goodwill. A registered trade mark can save the growing business from any infringement. It safeguards the brand not only in India but also overseas. It provides complete ownership rights and prohibits the use of similar mark that is of such nature as to deceive the public or cause confusion. Those who opt to register the trademark are entitled to better protection under the law.
Registration of a trademark : registration procedure may be divided into following steps
- Filing an application
- Examination of the application
- Publication of the application
- Opposition
- Registration
Before filing an application for trademark registration, public search is very important. By conducting search through Public search tool which is freely available on WWW.ipindia.nic.in website, may get information about similar or phonetic similar trademarks.
Strength of a mark: the strength of a trademark depends ultimately on its distinctiveness or its origin indicating quality in the eyes of purchasing public. When assessing the strength of a trademark, the court can place a trademark in one of the four categories : generic, descriptive, suggestive and fanciful or arbitrary.
After the trademark application is filed, the Trademark Registry will issue an examination report wherein certain objection might be raised under section 9 (Absolute Ground of Refusal) and 11(Relative Ground of Refusal) of Trademarks Act, 1999.
The applicant will be required to submit written reply to objection within 30 days from date of receipt of the Examination report. The Reply to Examination report must explain the reasons that why objection raised is not sustainable and should be supported by evidences. If the reply submitted found satisfactory then the application would be allowed to be published in the Trademark Journal. If the reply to examination report , Trade Mark Registrar may reject the application or call for hearing.
For Reply to Examination Report- FREE
For Reply to Examination Report along with Hearing charges- Rs 3,999/-
- As soon as the trademark gets published in Trademark Journal, any person in public may file a notice of opposition if the applied mark is similar to their mark or registration of such mark will affect the purity of Trademark Register. The aggrieved party will required to file notice of opposition within four months from the date on which mark is advertised in journal.
- Once notice of opposition is filed, the applicant will file a counter statement within span of two months from the receipt of notice opposition is served.
- Further, the Trademark Opposition proceeding involves submission of evidences and affidavits from both parties in support of their claims. The Registrar of Trademark then call both the partier for Hearing of the matter in the compliance of principle Natural Justice.
Fee- Rs 12,700/- *
*Hearing charges will be extra
Basically rectification is a lawful process to rectify, correct and remove the wrongful entries from the Trademark Register. Any aggrieved person can file rectification application as per Section 57 of Trademark Act, 1999 in accordance with the procedure laid down in Rule 97 and 98 of Trademark Rules, 2017.
There are various ground which the act provides wherein Application for Trademark Rectification can be file:
- Non usage of registered trademark
- Non-renewal of registered trademark
- If registration is obtained by fraud, misrepresentation of the facts.
- Not in compliance with the grounds mentioned in Section 9 and Section 11 of the Trade Marks Act of 1999.
Fee- Rs 12,700/- *
*Hearing charges will be extra
The trademark once get registered is valid for period of ten years from the date of application. Which may be further renewed again and again. The application for renewal of trademark is filed before the expiry of the mark. If the application for renewal is not file within prescribed time then trademark will be liable to remove from the Register of trademark.
Fee- Rs 11,499/-
A trademark is mark which capable of –
Being represented graphically
Distinguishing the goods or services of one person from those of others.
10 years this can be renewed periodically.
Infringement, very broadly means taking unfair advantage or being detrimental to the distinctive character or reputation of a trade mark.
The Symbol ™ denotes that the application for registration for trademark is file with Trademark Office.
Go to e-register page of trademark office link then click on Trademark application/registered mark. This option will be displayed on left side of your screen.