A trademark is a unique design, text or sign used by a person or a business to keep its products and services distinctive from one another and competitors. It makes it easier for buyers to identify a products or brand and make purchase decision easily.
Conducting a trademark search is very much important. They are the best way to check if your proposed trade mark does not infringe earlier rights. There will be high chances of being sued for trademark infringement, trademark application rejection and a third-party challenging the trademark application if a proper search with due diligence not done before filing of mark.
Protects your hard earned goodwill in the business.
Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your well built goodwill.
Gives your products a status of 'Branded Goods'.
Gives an impression to your customers that the company is selling some standard Products or Services.
The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered.
To obtain relief/damage in case of infringement (misuse by others) of the trade mark.
Power to assign (transfer) the trade mark to others for a price.
Trademark Registration is a complicated process and it takes around 18-24 months to obtain registration in a direct case, without any objections or oppositions. However, the trademark application number is typically issued within one or 2 days after application submission.
Trademarks should be registered for a specific product or service. A single trademark application can be submitted to register your product or service under more than one class but the fees for filing under each class increases every time in the same manner as you have filed a single application for trademark under one class.
While both offer intellectual property fortification, they protect different kinds of assets. Copyright is used to protect literary and artistic works, such as books, songs and videos. A trademark defends items that help define a company brand, such as its logo.
Trademark Objection means, the trademark registry has inspected or tested your trademark application and while checking, they got enough reasons to object the application and demand clarification on specific points. The registry uploads a copy of Examination Report on their official website (trademark application status) and gives a letter to the applicant asking for response against the raised objection.
In this case, the objection is upturned by the Trademark department on its own and there is no third party, company or competitor brand which has raised its objection. If there is third party objection, it would be known as Trademark Opposition.
It is necessary to file a proper reply to trademark objection report within 30 days of issue of the report. If a legal reply is not submitted, the trademark registry may cancel the trademark application and update the status of the application as Abandoned.
The reply to trademark objection can be submitted online and one can receive an acknowledgment of the reply. The PDF copy of Reply can be uploaded on Trademark Registry website under the application. The Status will still be reflected as Objected until the Registry checks the reply and receives the trademark or rejects it. Generally this process takes around six months to a year.
Once the mark is examined it is published in the trademark journal and 4 months time frame is given
For any third party who might be using very similar or same mark to raise an opposition.
Yes, we can file application of Trademark after the expiry of six months of the Trademark Registration by filing TM-12 with the prescribed late renewal fee.
For Trademark Registration, the goods and services are classified into 45 different classes. The most recent change in TM Classification is done by World Intellectual Property Organisation (WIPO) on 1st Feb 2018. Classes 1 to 34 pertains to goods and classes 35 to 45 are for services. The protection of the trademark is legally enforceable only within the specification of a specific class of trademark for which it is registered. Some time one trademark and the goods or services associated with it falls under multiple classes, in that case, the application should be filed in all such classes.
The sign "TM", the TM Symbol is normally affixed to the right top corner of the mark, to represent its status as a trademark for registration of which an application has is filed. The sign " (R) is used after registration certificate of the trademark is issued. You must have noticed (R) and TM Marks on LOGO or nameplate of many companies.
"TM" - It is used when an application for Brand Registration , Trademark Registration, Logo Registration, Punchline Registration is filed
"(R)" - This symbol is used when the Trademark Office issues the certificate of trademark registration
As soon as you file the application, you receive an acknowledgment, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
Well, both are possible and permissible. It depends on how old your company is and many other factors. Usually, start-ups get Trademark Registered in the promoter (owner) name. Larger businesses get Trademarks done on Company name.
The Trademark show cause hearing gets into the picture when any trademark is objected based on various objectional sections which are raised by the examiners before granting a mark for Registration.
The Registrar calls upon the candidate who is the owner or proprietor of the trademark office/trademark lawyer or attorney to visit the hearing.
A hearing notice is sent to the agent/applicant/attorney concerned, informing them of the application number and date of hearing. The hearing notice is normally sent around 15 days before the date of hearing. Moreover, trademark show cause hearing can be physical/ Virtual appearance before the Registrar of Trademarks.
Since it is a Government process, the acceptance of your application rest in the hands of the Government. We can conduct trademark search and apply on behalf of you, but we cannot guarantee that your trademark would not be rejected.
Don’t worry!! Our expert will help you to choose a best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at support@trademarkfiling.in or call us @ ______
