Trademark Registration

It takes years to build a brand image in the market. For trademark, it is very important that you have the complete ownership of logo, slogan, shape, and packaging of goods, sound, smell, color combinations or anything else that gives you unique identification to the brand.

And it is restricted to others from the usage of your brand trademark.

So, let’s check it us what you need to Register your trademark.

The trademark will need to be renewed after the expiry of 10 Years

 

  • Benefits of Trademark Registration in India

  • It provides the safety guard to the brand which can be used by another brand of person.

  • A trademark helps your brand to advertise your goods and services.

  • Trademark Registration provides you legal protection to the brand.

  • It helps the brand to create Differentiation.

  • Documents required to Register a Trademark

 

                

  • Proof of Applicant.

  • Brand Name & Logo

  • User Affidavit

Proof of Applicant:

a) Copy of Pan Card of the Personal | Firm Name or Name of Company.

b) Address Proof i.e. Copy of Aadhaar Card or Voter id Card or Passport.

c) Trademark Authorization letter in the favor of agent or attorney as the case may be.

d) Any registration certification if applicant is other than individual.

Brand Name & Logo:

  • Brand logo in a standard size of 9 x 5 cms (Logo / Brand Name)

  • Identity proof of the directors of the company (PAN/ Passport)

  • An address proof of the directors of the company. (DL / Passport / Aadhar Card / Voter card)

  • COI and any address proof in case of company.

User Affidavit:  It is mandatory attachment when the applicant wants to claim right with earlier date on such trademark.

  • Proof of invoices, registration certificates.

Trademark Objection : The Trademark Registry examines a trademark application  and issued a examination report in this regard which may have questions  relate to resemblances with any existing trademarks , Defects in application,  absences of supporting documents i.e. Power of attorney or user affidavit ( if applicable).

If mark is accepted during examination, the trademark registry will issue an acceptance order and publish this in trademark journal. However a trademark is rarely accepted without objections. If trademark is objected by the registrar than it should be properly responded by trademark agent/attorney with in a month’s timeframe. Objections which can be raised are as such:

Objection raised U/S 11(1) of Trademark act, 1999:-

Objection which are raised under this section on the ground that the Trademark(s) which is/are applied for is similar to the trademark (s

) that is already on the record of the registrar. Trademark may be similar in respect of goods or services provided by both of them, such identity or similarity may leads to confusion on the part of the public.

This is the most common objection which is cited in 90% trademark examination report.

Objections raised U/S 9(1) of Trademark act, 1999:-

Objections which are raised under this section on the ground that the trademark shall not be registered because it consists exclusively of, marks or indications which may serve in trade to designate the values , kind , geographical origin ,quality , quantity , intended purpose ,  or the time of production of goods or rendering of services or other characteristics of goods or service.

This objection generally seen for the marks which are essentially descriptive words. For example Accounts as a mark.

The reply to the examination report consists of objections are provided as such:-

  1. Point wise answer to the objections raised.

  2. Relevant case laws of the trademark matters should be quoted.

  3. Supporting documents to prove inherent or acquired distinctiveness.

A good IPR attorney should conducts a thorough search before applying for a trademark and if objections are raised even after due care than he should apply his mind carefully for reply to examination report in which objections are raised.

  • New Rules For Trademark Registration 2018

          

  • Reduction in the number of forms from 75 to 8 For Trademark Registration.

  • Less time to register.

  • Quick processing of Trademark Registration.

  • A party is not entitled to ask for more than two adjournments, thus reducing the time for taking the final decisions and hence registration of trademarks.