TRADEMARK REGISTRATION
Trademark law in India is well-settled and offers a robust protection and enforcement regime for right holders. The range of protection encompasses words, labels, devices, etc. We recognize that the filing and registration process lays down the all-important foundation for effective brand protection. This process itself requires brand owners to take a strategic view to ensure holistic protection in a dynamic market. Trademark registration in India, governed by the Trade Marks Act of 1999, is a legal process that grants exclusive rights to use a brand name, logo, slogan, or symbol and provides protection against infringement, but because the application process through the IP India portal involves a complex classification of goods and services (under the Nice Classification), a mandatory public search for conflicting marks.
TRADEMARK OBJECTION: Objection raised by Trademark Examiner under section 9 and 11 SECTION 9: Common Name, Geographical Location, Quality, Quantity, Etc. SECTION 11: Similar or Identical Mark, Prohibited Mark, Well-known Mark After receiving an Examination Report, we will submit a reply to examination report within 30 days. If fail to submit a reply to examination report, the trademark will be abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999. We prepare the reply to examination report along with supporting documents and mention the case laws. For most small business owners, startups, and individual entrepreneurs, using a reputable online platform is a worthwhile investment because a single mistake in filing can lead to months of delays or loss of the claim date, whereas a dedicated trademark service ensures that the application meets all regulatory requirements.
TRADEMARK HEARING
The Trademark Registry issues a hearing notice to concern Applicant or Attorney Mail Id. Before hearing, we must submit the supporting documents within hearing date. Documents for the trademark hearing different between from case to case, but a few of the documents are specified below for reference.
1. Invoice bills from the started year to till date (4 to 5 bills per year).
2. Any other supporting documents viz., company brochures, catalogues, etc.
3. Advertisements in newspaper or magazines (if available)
4. Company incorporation Certificate copy and GST Copy or any other government related documents.
TRADEMARK OPPOSITION : This is very important to protect against any sort of piracy or counterfeit of brand name. Only the registered proprietor can initiate infringement actions against any misuse of the trademark by the third parties in the market. If the Trademark status looks as “opposed”, the applicant needs to prepare a counter-statement within the time duration 2 months from the date Opposition Notice Copy. It will be judicious if the applicant gets your counter statements prepared by Trademark Attorney. Remember that the application of Trademark will be unrestricted if no such counter-statement is filed by the Trademark Registry within the specified time period.
TRADEMARK RENEWAL : Trademark registrations are valid up to 10 years from the date of application. It has to be renewed starting six months before the expiration date. This is very important to protect against any sort of piracy or counterfeit of brand name. Only the registered proprietor can initiate infringement actions against any misuse of the trademark by the third parties in the market.
