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A trademark is a unique symbol or word(s)is used to represent a business or its products .It is a type of intellectual property, and is used to recognize sign, design ,Phrase, symbols that identifies your goods or services. It also protects the specific logo, and symbols pertaining to your or business brands. The trademark symbol is(TM) is the mark the company use.

Trademark Registration

Registration of a trademark is not compulsory .In India According to the Trademark Act 1999permit to register a Trademark. It allows for exclusive rights to the owner and prohibits others from using the same trademark which is used by the owner. Trademark registration is usually done to protect unique brands, logos, symbols, non-profit organization, individuals etc…

The trademark registration is done under the supervision of a professional because it take many steps and has long processes and constant need of government follow –up is necessary. Each set of person have its own requirements when filling trademark registration some of them as follows;

The person (individuals):

A single individual can also file trademark application and allow trademark registration for a symbol or a word that can be used by the applicant. In the future if an individual doesn’t having the business then also the person can apply for trademark registration.

Joint owners:

When there are joint owners in the company together can file for a trademark but both their names should be mentioned in the application.

Proprietorship Firm:

It is a firm which is owned by single individual. In this type of firm the trademark application is filed under the proprietor’s name but nor by business name .If we include both business name and proprietor name for the application the details will be considered separately.

Partnership Firm:

A partner firm in which two directors should be there, in this type of firm the company should include all the names of the partners in the application while registration of trademark is done.

Limited Liability Partnership/LLP:

In this Limited Liability Partnership/LLP firm the name of the LLP is taken for the application. This is an incorporated body where the partners have their own identity. The partners can’t be the applicant as the trademark belongs to LLP.

Indian Company

An Indian company regardless of whether it is a private limited or any other form must file the trademark application in the company name. In this firm the company’s director can’t be a trademark applicant.

Foreign Company

In foreign company the application must be made in the corporate name as it s registered in the foreign country .The country, the laws and the nature of the company is mentioned here.

Documents required to register a Trademark online

  • Incorporation Certificate:
    If the trademark is registered under a LLP or a company name
  • Partnership deed:
    If the trademark which is registered under a partnership firm.
  • Pan card:
    Pan card of the authorised signatory should be given.
  • Aadhaar card:
    Aadhaar card of the authorised signatory should be given.
  • Logo:
    Logo should not be uploaded in black and white to ensure all the colours in the trademarkare covered under the registration.
  • Form TM-48 signed:
    FormTM -48 is a legal document prepared by the professionals as a paper for the signature.This legal document permits to submit trademark with the trademark registry on your behalf.

Types of Trademark registration in India

There are many types of trademarks in India some of them are


1. Product mark:
Trademark application which is filed under the trademark could be 1-34 classified by the product mask.


2. Service Mark:
Service mark is similar to the product mark except that the service mark identifies the services rather than products. In this Trademark applications are submitted under trademark classes 35-45.


3. Collective Mark:
Collective mark is used by the group of members to protect goods and services collectively. In this type of mark the trademark holder can be an association, a public institution or a section 8 corporation.


4. Certification Mark:
Certification marks is sign issued by the proprietor that indicates the product origin, quality, substance. The main object of the certification is to establish the slandered of the product to assure that the product has passed by the standardized test to ensure its quality. Certification mark generally can be seen on packed items, toys, goods and electronics.


5. Shape mark:
This type of mark is used to secure shape of a product so that the customer associates with the specific manufacture and choose to buy it. Once the shape of the product is determined shapes can be registered.


6. Pattern Mark:
Pattern Marks are the marks that consisting of patterns that are used for the identifying goods or services are originated from a particular undertaking.The person who manages or examines the use of the mark and controls the nature and the condition of the goods which is affixed is the owner of this mark.


7. Sound Mark
A sound mark or a sound logo or audio logo is a trademark where sound is used to perform the trademark function.According to the Trademark Rules of 2017,rule26(5)says that the application for the sound mark to produce sound is reproduced inMP3 format and should not exceed the limit of 30 second of time.

Trademark Objection

Trademark Objection is the initial stage in the trademark registration process where the examiner objects to your applications for several reasons. Due to some standard norms the trademark office can have an objection on any trademark applications.

 

After submission of the trademark registration application can be rejected by the trademark examiner .The rejection is called Trademark objection. Examiner examines the trademark application and if there are some legal norms missing the application will be rejected.

Use of Incorrect Trademark Form

For the objection of trademark mainly there are two reasons:
1. Contains incomplete /wrong information
2. Similar trademark already exist.

 

“The form TM-1 are made with respect of goods or services falling in a class for certification mark of application.”By requesting on filing the form TM-16 to file the application that is to be corrected as TM_4

 

Corrective Action: By filling a request Form TM-16 the applicant can overcome the objection for incorrect trademark.

Failure to File Trademark Form TM-48

In case Form -48 is not correctly executed or failed to attach to the form-48 then the Trademark examiner would raise and objection.


“Application trademark has been submitted by an individual other than the applicant a duly stamped Power of Attorney in favor of a particular agent should be filled.”

 

Corrective Action: BY requesting to correct trademark application for filing a request on form TM -16, the applicant can overcome an objection for failure or incorrect Form TM-48 by filing it.

Trademark Objection

A trademark can be opposed once the same has been published in the Trademarks Journal within the period of four months on the date of mark has advertised. The Trade mark Act provides that any person can file a notice of opposition against the trademark and the Opponent is not required to have an application/registration in India to oppose any trade mark.

Grounds For Trademark Opposition

The Indian trademark law does not provide any specific grounds of opposition for the mark applications. There are different reasons a trademark opposition may be opposed as given below:

 

An opposition to trademark registration in India can be made following grounds:

 

1. The trademark is identical to an excising registered trademark.
2. The trademark is not of various characters.
3. The trademark is descriptive in nature.
4. This mark is used to confuse the common people.
5. The application is immoral.
6. Under the Emblem and Names Act, 1950 prohibited for trademark.
7. There can be several other reasons which can be considered by the approving officer

Procedure for Trademark Opposition

Opposition Notice

Any person can file for trademark opposition to the Registrar within four months from the date of advertisement.


The registration application in the trademark journal by giving a notice in Form TM-O and payment of fees.

 

Trademark opposition can be filed on trademark form 5 in the prescribed format and with the application fees.

Counter-Statement

The trademark opposition notice is filed with the trademark registrar; the registrar would serve a copy of the trademark opposition notice to the trademark applicant. Within two months of receipt of the trademark, opposition notices the trademark applicant must file the counter statement


The “counter example method” is a powerful way of exposing what is wrong with an argument that is invalid. If we want to proceed methodically, there are two steps:


1) Isolate the argument form
2) Construct an argument with the same form that is obviously invalid.

Hearing

Trademark hearing process starts after the evidence filling stage, the register shall send notices to both parties starting the date of hearing. Hearing will be at least one month after the date of the first notice. Hearing is based on the evidence submitted. The register hears the case and if any of the parties fails to appear in the hearing then the register will rule against them.

Appeals

Based on the hearing it will be decided whether the trademark should be registered or not. During this process if any one of the party is dissatisfied with the registrar decision then the dissatisfied party can appeal it to the intellectual Property Appellate Board.

Trademark Renewal

Before the expiry of the mark the renewal application must reach the trademark office at least six months. Companies must prepare and file the application before the date. Trademark is used to differentiate its goods or services from other similar goods or services from a different business. The symbols, logos, labels, names are represented with an” R” at the end.

 

To renew the registered trademark for another 10 years with proper documents and meeting the required criteria. The procedures to the renewal and restoration of trademarks in the article.

Renewal of a Trademark

Duration to renew a Trademark

  • The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
  • The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trade Mark rules 2002.
  • The renewal can also be filed within six months after the date of expiry.

If the register of trademark is not renewed within six months after the date of expiry will lead to the removal of the mark .


The office of the Registrar of Trademark will send a notice six months prior .The proprietor will be informed about the deadline to renew to the trademark. The trademark will be removed from the Register of Trademarks if the renewable of the trademark within the stipulated time.Renewal of the trademark can be restored by filing an application with the required fee.