Trademark Registration

Description

Trademark Registration In India – An Overview

Trademark Registration is key for businesses to protect their Intellectual Property. Registering gives you Brand Protection and the sole Legal Rights to your symbol, logo, or name. Always do a Trademark Search before registering. This ensures no other trademarks could cause Infringement. For your application, you’ll choose Trademark Classes and send it to the Trademark Office. Consulting a Trademark Attorney can make the process smoother. After registering, you can use the Trademark Symbol. Do not forget to meet Renewal deadlines to keep your rights. This whole process strengthens your Brand Identity and stops others from copying.

What Can You Register As a Trademark?

In India, you can register diverse items as trademarks. They can include brand names, logos, words, slogans, sounds, smells, colors, or any unique sign. These trademarks should distinguish your goods or services from others. This helps maintain your business identity and protect it from misuse.

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Why Is Trademark Registration Important?

Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand’s value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.

Trademark Classes

There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.

Some of the popular trademark classes in India are:

• Class 9: which includes computer software and electronics,
• Class 25: which includes clothing,
• Class 35: which includes business management and advertising, and
• Class 41: which includes education and entertainment.

If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

Types of Trademark Registrations in India

Under the Trademark Act of 1999 there are different types of trademark registrations available in India and some of them include:

Pattern Mark

• A Pattern Mark is characterised by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
• Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern

Label Trademark

• A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand
• One of the famous brand who has trademarked their label is Coca Cola ’

3D Trademark

• Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace
• It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 of the Trademarks Act – which outlines that the mark must be visually representable and distinguishable from other goods and services.
• The form of the Zippo lighter, the curve of a Coca-Cola bottle, are some examples of 3D trademarks

Slogan/Tagline

• Trademarked Slogans are creative and distinctive phrases that immediately reminds the consumer of the product
• Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns
• Nike’s ‘Just Do It’ is a perfect example of a slogan trademarked

Device Trademark

• Device trademarks are visual elements that are used to create unique and recognisable representation
• These trademarks have artistic elements such as symbols and a word mark and can be a combination of both.
• The iconic PUMA’s symbol is a classic example of a Device trademark

How to Register Trademark in India With Myefilingindia

Registering a trademark in India is complicated. Myefilingindia has made it easier for you by breaking it down into three easy steps and providing complete expert support.

Step 1 : Our Trademark Lawyers will conduct an extensive trademark search

Reach out to our trademark experts and resolve all your queries. After providing all the documents, our experts will conduct a thorough trademark search on all the government portals and our free trademark tool. This is to verify if the mark you wish to register is available. If you want a detailed search report, our Senior trademark lawyers will conduct an extensive search with detailed opinion which can be accessed from here.

Step 2: Class Selection and Trademark Application Filling

Our team of experts will help you choose the right class or classes for your business. All businesses are categorised in 45 classes as per Trademark laws. We will assist you in choosing the appropriate classes to address every aspect of your company. The trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free. Incase of any objections being raised by Trademark Registry, We shall assist in responding to the same by way of filing response to examination report and/or hearings.

Step 3: Trademark Publication in Journal and Registration

After the application is accepted by the examiner it will be published in the trademark journal for a period of 4 months. If there is no third party opposition, you will receive the certificate for Trademark registration.

In the event of a trademark objection, show cause hearing or opposition during the registration process, our team will provide crucial support. Our experts will reply to the objection raised within the 30-day timeframe or other stages within the stipulated timelines. In case of opposition, our team helps you file a counter-statement to the Registrar within 2 months, providing a clear explanation of why the opposition lacks validity.

Trademark Objections

In some cases, the trademark examiner might see certain problems or issues with the registration of a trademark. These issues can be either the filing of an incorrect trademark application form online, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

If the response is accepted, the application will be processed further for brand registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.

Trademark Opposition

On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.

If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.