DEFINITION

• A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
• The selected mark should be capable of being represented graphically (that is in the paper form).
• It should be capable of distinguishing the goods or services of one undertaking from those of others.
• It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
• As per the Trademark act, Trademark registration in India helps the applicant or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to avoid duplication within the trademarks.

WHY TRADEMARK REGISTRATION IS IMPORTANT IN INDIA

• The basic reason for Trademark registration in India is to differentiate two goods which can belong with same category of business or also may differ.
• Trademark registration helps the trader or the business holder to get several rights and benefits.
• There are few reasons why trademark registration is beneficial and important in India.
• Helps to differentiate goods from the competitors.
• It indicates the quality of product.
• Helps to earn goodwill and establish a brand.
• The brand can serve as an important factor to grab the attention of the customer.
• Trademark registration can increase sales volume.
• Unregistered trademark may affect your brand reputation.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

• Documents Scanned copy of Registration Certificate
• Signed Trademark application
• PAN Card or Passport or Election ID Card
• Scanned copy of Voter's ID/Passport/Driver's License
• JPG Format of Logo/Brand Name

 DEFINITION

• Trademark acts as a distinguisher between the goods or services that are offered from other similar goods or services from a different business. A registered trademark cannot be registered if it is found offensive, lacks distinctiveness and contains government emblems.
• However, it is necessary to renew trademark registration as it has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry.
• If an individual still fails to renew the trademark, then the registrar may remove the trademark from the Trademarks journal. But again, this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.

DOCUMENTS REQUIRED FOR TRADEMARK RENEWAL ONLIN

• A copy of the trademark registration certificate
• Power of attorney to represent the applicant
• Photo Id and address proof of the applicant
• Copy of application form of Trademark registration.

CHECKLIST FOR TRADEMARK RENEWAL ONLINE

•  The trademark should be registered, possessed by the proprietor and subject to renewal.
• Conduct a Trademark search to make sure that there is no similar trademark.
• Get a legal opinion for a feasible solution if there is a conflict of trademark.
• Prepare an application for renewal and thereby comply with appropriate conditions

HOW TO RENEW TRADEMARK ONLINE?

•  There are two kinds of renewal:
• Alteration and change of sign or logo of the registered trademark.
• Made without any change of trademark.

DEFINITION

• A trademark is a logo, symbol, tagline, or a combination of these that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration.
• It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.

HOW TO REPLY TO TRADEMARK OBJECTION?

 When an objection is raised, the status of the trademark in the Indian Trademark Registry Online will be marked as “Objected”. The following steps need to be followed to reply to a a trademark objection:

1) Analyze Trademark Objection

The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response.

2) Draft Response to Trademark Objection

The next step is to draft a trademark reply which should include the following:

A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case.

The differences between the conflicting mark and the mark of the applicant.

Other supporting documents and evidence that validates the response.

An affidavit stating the usage of the trademark in the applicant’s website and social media channels; advertisement in the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same

The response draft is then filed online on the Trademark e-filing portal.

3) Hearing of Trademark Objection

If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice.

4) Publication In the Trademark Journal

If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal.

In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed.

5)Trademark Registration

Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law.