Trademark registration procedures followed in India:
Procedure of Trademark registration is followed to safeguarding a company’s own logos and brand name. This trademark registration is an exclusive right for the owner to use it and protect others from the illegal usage. The trademark registration followed under the trademark Act. Have this note, trademark registration is totally contrast and never combined under Company registration.
Procedure of Trademark registration is a followed to safeguarding a company’s own logos and brand name. This trademark registration is an exclusive right for the owner to use it and protect others from the illegal usage. The trademark registration procedure followed under the trademark Act. Have this note, trademark registration is totally contrast and never combined under Company registration. Trademark registration comes with the usage of TM, SM and ® symbols. Both TM and SM refer to the Trademark and Service Mark. Both these marks claiming that they have the right of independent use of these symbols. But only the symbol ® must use after the proper registration and getting the approved registration certificate.
Many of them well versed with the trademark registration procedure but they failed know the clear details about the sub trademark procedures like opposition, objection and cancellation of applied trademark. The validity of trademark registration stands only for 10 years it should be renewed after the ten years of time period. If they failed to take caring on the renewal procedure, they again start the procedure as applying for a new one. Trademark Act 1999, section 21 all the companies must follow and complete the needed requirements.
The conditions and requirements need for applying the opposition of trademark registration:
Trademark registration Act 1999, Section (9) followed the basic principles to prohibit the trademark registration.
- The trademark owner who found similar trademark which he officially registered in the government journal.
- The opposition of trademark combined with different characters.
- The rival trademark has the same or similar usage of phonic and spelling in trademark registration.
- Improper use of renowned emblems and names in the trademark registration.
- The same trademark founded in the market for same product selling.
- The earlier trademark validity noted for the application number of the registered trademark.
- The trademark filled with another symbols or characters but exactly resembles your trademark.
- The opposition trademark which easily puzzle your own trademark and the regular customer who fails to recognize it.
- The opposition trademark which in the manner of offending the common people by the name of class and their religion.
Except the business rivalry, the personal motives and vengeance are not taken into the opposition filing. These rules are considered as relative grounds in the objection and opposition.
How to file for the trademark opposition procedure?
The opposition form of TM-5 with in the three month period submitted with the prescribed fee. The trademark registration office sends an opposition notice to the applicant. Then he applies for the TM-6 to submit his statement proof.
While applying for the trademark opposition as per the proof company registration certification is the primary proof and the submission of business running proves are needs to be submitted.
What is trademark opposition?
The trademark opposition may apply at the time of similar trademark found in your business field or other product selling market. The opposition fee based on which class or classes the trademark opposition applied. The trademark opposition should submitted to the Trademark Registration office and these issues not directly handled by the Indian courts. One more thing to remember while the opposition of trademark registration process, the rival trademark, which similar to your own trademark can register in the government record of Trademark Journal. The applicant of the trademark opposition procedure allowed raising their opposition only after the period of three to four months the rival trademark advertised and re-advertised in the market. It not analysed all of a sudden of your submission.
As the chance to prove his innocence the law allowed to explain their statement for using such similar trademarks. The procedure allowed then consult the two party’s statement with in the two months period of time. As per their submission of statement the registrar calls on them for the hearing process.
Hearing procedure in the Trademark opposition:
On the determined date and time they both parties called on for their submission of statement. They also insert the favourable records to prove their innocence. Both parties need to present in the hearing procedure if they failed to appear on the particular time it may ended in the favour of opposition party and they get the positive approval from the registrar of trademark procedure. The final decision of the registrar official is the valid one. He only the deciding authority whether it to be use or not. As per the Trademark Act 1999, section 12 considered as Registration in the Case of Honest Concurrent.
What is trademark objection?
Trademark objection is a separate procedure which is totally differed from the Trademark Opposition. As per the Trademark act 1999, Section 9 and 11 the registered can be objected by the examiner. As above mentioned conditions along with which indicates the nature, quality and general indication of the direct product or service. There is a legal way to overcome such distinctive objection issues, it must use in an extensive manner to resolve the distinctiveness in the objection. But it must submit in the form of affidavit (written declaration).
The Trademark Objection is swiftly submitted after the one month of time period from the submission of Trademark registration procedure. The examination report will keenly indicate the reason by which consideration the submission was objected it was legally objected by the Trademark registrar or the examiner. The report especially offered from the trademark registry. After receiving the trademark objection report the submitter of the trademark respond or prosecute against the objection. If they failed to respond upon the examined report, surely the trademark registration will deserted by lack of proving. Don’t to be panic most the examiners accept the value reasons on the submission and the value points delivered in their hearing arguments. The neat and non-scrutiny representations are accepted by the examiner.
The common reasons behind the trademark objection:
The trademark application form based on goods and service should apply on the TM-1 form with proper class mentioning. If they found any correction they may apply it on the TM form-4 and the filing. The final correct form submitted through TM-16. If they trademark registration process peculiarly handled by any other trademark attorney they can use the form TM-48, in case of any errors happen on the form they also redirected to the correction of filing for the same TM-16.
Mentioning incorrect address, the lacking of proper goods and service and those wrong classifications are the most common errors founded for the objection of trademark registration.
To avoid these issues the online trademark registration may be a good way to sort out all kind of issues.
How to apply for the online trademark registration?
A new trademark application submitted to the online database. Then it promoted to the Vienna codification which included with the figurative artworks and logos. After completion of the Vienna codification then the online procedure leads the path for checking formalities. It is one of the mandatory processes followed by the Indian trademark registry. It needs the basic fulfilment required once this procedure completed, it may denoted your screen as “formality check pass”.
As the same procedure of trademark examination will occur to approve the trademark registration in the online process also. As per the trademark Act1999, sections of 9, 11 and 12. Once the examination report on objection submitted to the applicant, he must respond on the objection and his prosecution must be a valuable one before the examiner, if they failed to respond the application will be show as the name of “refused”. Then the applicant can further process the steps to the IPAB- Intellectual Property Appellate Board (IPAB) after within 3 months of trademark refusal. Otherwise the applicant also wishes to withdraw the trademark the law also permit the way for self-withdraw.
These are considered as the basic trademark registration procedure in India. Right now many of the company registration puzzle with such trademark procedures. I hope this blog will be a solution for the end to end queries on the trademark registration. Thanks for the guidance of Solubilis and their practical way of handling the day to day trademark registration process in Coimbatore. They one of the busy venture handle all the company based registration process from trademark registration to GST service. It is destination acting as all the company related solution hub.