Trademark includes any brand, logo, symbol, word or words, capable of distinguishing goods and services of one person from those of another. According to Section 2 (m) of the Trade Marks Act, 1999, “the “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof”.
Trademarks are granted protection in India under Section 18 of the Trade Marks Act, 1999, which states that “any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark”.
Also, one person can file a single trademark application with multiple classes of Goods and Services. Registration of Trademark shall give the monopoly right to the proprietor to use and exploit the brand/trademark, and protect the trademark from any kind of illegal usage by any third party user, by initiating an Infringement suit against such use.
REQUIREMENTS OF TRADEMARK REGISTRATION IN INDIA
At Effectual Services, we provide trademark filing services and we monitor the filing without missing any update or deadline.
COMPREHENSIVE E-FILING OF TRADEMARK
The Indian Trademark Registry introduced an e-filing option for the trademark application on its portal by uploading relevant documents online and payment of requisite fees. The portal of comprehensive e-filing of the trademark can be accessed at:
E-filing of Trademark makes it more convenient for both – the user and the IP department. Also, it is a nice kick start for a Digital Media campaign.
TRADEMARK PROSECUTION IN INDIA
Trademark prosecution includes stages of Examination, Publication or Advertisement, Opposition, Registration and Renewal.
ISSUANCE OF EXAMINATION REPORT/PROVISIONAL REFUSAL
After filing the Trademark application, the same is listed for examination as per the provisions of the Trademarks Act, 1999.
At the time of Examination,
After filing the reply, if the Examiner believes that the reply is accurate, then he/she accepts the application and if the reply is not satisfactory for the Examiner, then he/she will have the matter listed for hearing.
If the trademark application successfully crosses the Examination stage and gets accepted, then the next stage would be the publication or advertisement stage. In this stage, the trademark application is advertised in the Trademark journals for four months before registration. The purpose of such publication is to invite any third party to file an opposition.
TRADEMARK OPPOSITION – OPPOSITION PROCEEDING
The publication or advertisement of the trademark application for four months gives, a third party or any aggrieved person, a chance to oppose the registration of the trademark. The Opposition proceeding includes:
REGISTRATION AND RENEWAL
The last stage of the trademark prosecution is a registration and then renewal. If there is no opposition filed within the prescribed period of four months, then the application stands registered and the registration certificate is issued within 3-6 months from the expiry of such four months’ publication.
In India, the term of registration is ten (10) years. After ten years, the registrant can file a renewal application to extend the registration for another ten years. Non-filing of a renewal application will lead to the removal of the mark from the Register of Trademarks.
We, at Effectual Services, have trademark agents/trademark attorneys who are expert in handling trademark prosecution matters. Also, we provide all the trademark prosecution services mentioned above, with exceptional quality and diligence. As per our regular practice, the drafting of applications is reviewed and verified against our client approved checklist. We have excellence in the field of:
At Effectual Services, we emphasize on: