Things to Consider Before Trademark Registration India

Process of Trademark Registration India is based on the ‘first to file system. Therefore, the entrepreneur or rights holder must apply for the registration of its trademark as soon as possible. 

Trademark registration in India offers a bundle of benefits and advantages to the owner of the mark. This is why the number of trademark applications has moderately increased over the years. 

It is the different types of a trademark registered in India that we will be discussing in this article as to how to do Trademark research. 

In addition, in this article, we shall go through the Important points that need to be considered before getting a Trademark Registration in India.

The property which comes into existence by the application of human intellect is called Intellectual Property. It is a product of Intellectual Capabilities and Labour. For Example, Trademark, Designs, Patents, and Copyright. 

The rights conferred on the owner of such property (Intellectual Property) are called Intellectual Property Rights (IPR).

Overview of Trademark Registration India

A trademark is a visual symbol that may be a word, signature, name, device, label, numeral, or combination of colors used to distinguish your product from your competitor’s product. 

Consumers can distinguish between various brands and identify the one they’re looking for. 

A trademark registration India online offers you the exclusive right to use your mark and helps to prevent competitors from using a mark that’s the same or very similar to yours.

An Important Point Needs To Know Before Getting A Trademark Registration India

With technological advancements, Trademark Registration in India can be done online. 

Trademark Search

It is necessary that before beginning Trademark Registration India, the entrepreneur must search for trademark availability. Trademark search determines whether or not a proposed trademark is already in use in connection with specific products and services. 

Detail and proper trademark search can avoid objections raised by the trademark examiner and trademark disputes associated with trademark infringement. Online trademark search is accessible via the trademark registration India government website (www. ipindia.gov.in) free of cost.

Three ways of public trademark search in India:

1. Wordmark – For the identical or similar representation of a wordmark;

2. Vienna Code – For identical or similar artistic representation; and

3. Phonetic – For identical or similar sounding words.

Trademark Class

NICE classification is an international classification of products or services for trademark registration in India. Applicants need to choose the correct class for the product and service for which they seek protection for Trademark Registration India. There are a total of 45 classes out of which 1-34 classes are for the good category and 35-45 classes are for the services category.

Trademark Filing

The Office of the Controller General of Patents, Designs, and Trademarks is the appropriate office for filing a trademark application in India. 

After doing a detailed search of all related trademarks., The trademark registration application can be filed with the Trademark Registrar. An application for Trademark Registration India is to be made to the Registrar either offline or online in form TM-A with necessary documents and along with prescribed fees. The trademark application can be made online or offline in India.

For offline trademark registration in India process, applicants need to visit any of the 5 trade registry offices based in Delhi, Ahmedabad, Kolkata, Chennai, or Mumbai within whose territorial limits the principal place of business is situated.  

The application of Trademark Registration India must contain the subsequent information:

• Logo or device the Trademark
• Name and address of the proposed Trademark owner
• Trademark used Since the date
• Description of the goods or services

The Vienna Codification Process

The Vienna Classification, also termed the Vienna Codification, is an international classification of the symbolic or figurative elements of trademarks that was established by the Vienna Agreement (1973). The Trademark Registrar will apply the Vienna classification to the Trademark based on figurative elements of the mark after the Trademark Registration India application is filed. It is important because it simplifies international trademark classification and trademark searches of figurative elements of images.

Trademark Examination

The Trademark Examination is the process of checking and verifying the fulfillment of requirements demanded by the trademark registration office, for accepting any proposed trademark for its proper and flawless registration.

Once the trademark application is filed, the Trademark Registration India application will be assigned to a Trademark Registrar’s office. After that, the officer will check and verify the Trademark application for accuracy and produce a Trademark examination report. 

The officer has the option of accepting the Trademark application and ordering the publication of the trademark in a trademark journal or rejected or accepted subject to certain limitations.

Applicants need to respond to the objections raised in the examination report within one month from the date of issuance of the examination report.

If the application is rejected, the Applicant can approach the Intellectual Property Appellate Board to appeal the order of the Registrar of Trade Mark.

Trademark Journal Publication

The Trademark Journal acts as the Official Gazette of the Trade Marks Registry.

The Trademark journal is published on weekly basis and contains all of the trademarks that have been received by the Registrar

The proposed Trademark is published in the journal after the Trademark Registrar accepts the Trademark registration India application. In addition, a third party has an opportunity to oppose trademark registration in India. 

If no objections have been received within 90 days from the date of publication, the mark will be registered in 12 weeks.

If a third-party object to the proposed trademark, then the Trademark Hearing Officer will schedule a hearing. Both the applicant and the opposition have the opportunity to appear before the Trademark Hearing Officer and present their respective justifications. 

Based on the fact of the case and the evidence put forth, the Trademark Hearing Officer will decide if the application should be accepted or rejected.

Trademark Objection

The trademark examiner objects to your trademark application for a variety of reasons, which is one of the first stages in the trademark registration process. The registrar of trademark needs to have valid reasons or explanations about the mark and Trademark Registration India rather than simply denying your claim. He provides the applicant with the chance to explain how the trademark satisfies the requirements for successful registration as the Act.

Trademark Opposition

A trademark opposition is an objection filed by any person against the registration of a trademark whether he has or has not any personal interest or commercial in the matter.  

He can be a customer or any member of the public likely to use the goods. The Registry accepts oppositions from any natural or legal person i.e. individuals, companies, partnership firms, and trusts (s). 

Possible grounds for opposition to the registration:

• Trademark is neither distinctive nor capable of distinguishing or it does not satisfy the requirements concerning registrability as prescribed under the Act.
• A trademark is not capable of being represented graphically
• A trademark is not capable of distinguishing the product or services of one person from those of another person;
• Trademark may refer to generic names or marks common to the trade
• A trademark is in nature to deceive the public or cause confusion
• The trademark contains any matter likely to hurt the religious susceptibilities of any section of the citizens of India
• Trade mark contains scandalous or obscene matter

Trademark Hearing

A trademark hearing is a physical appearance before the registrar, either in person or through a trademark attorney or trademark agent, to remove the proposed objections. If the registrar is not satisfied with the response filed against the objection proposed in the procedure of Certification of Trademark Registration India, a trademark hearing is held.

Different Types of Trademark Registration in India

Product marks, collective marks, service marks, certification marks, sound marks, shape marks, and pattern marks are all forms of trademarks that can be registered. Even though there are various types of Trademarks Registration in India, their objective is the same: 

To allow customers to identify goods and services produced by certain producers or service providers. 

• Product Mark

In contrast to a service, a product mark is used for goods or a product. A product mark assists in the identification of the product’s origin as well as the preservation of the producer’s reputation. Because they represent commodities or goods, Trademark Registration India applications filed under the trademark 1-34 class could be classified as product marks.

• Service Mark

A service mark is the same as a product mark, except that it is used to identify a service rather than a product or goods. The service mark’s main motive is to help distinguish the original service provider from the owners of other similar services. The Trademark Registration India applications are filed under trademark classes 35-45, which could be considered service marks because they represent services.

• Collective Mark

The collective mark informs the general public about the unique characteristics of the products or services that are used to represent a group or an association of persons. This mark can be used by a group of people or an association of persons to protect goods or services on a collective basis. A trademark holder can be an association of a person, a public institution, or a Section 8 company registered under the Companies Act, 2013.

• Certification Mark

It is a sign issued by the proprietor that indicates the product’s origin, mode of manufacture of goods, or performance of services, material, quality, accuracy, or other specific data. The main purpose of Certification of Trademark Registration India is to establish a product’s standard and to provide consumers with assurance that the product or goods have passed standardized tests to ensure quality. Generally, Trademark Registration India Process certification marks can be seen on packaged goods, electronics products, and toys.

• Shape Mark

A Shape Mark is a Trademark Registration in India that secures the shape of a product. It may be the shape of a brand logo, tag good, product, label, etc., that are designed by an individual. Such marks have 3-dimensional shapes or marks which are capable of differentiating products and services of one procedure from another, which has been registered as Trademark.

• Pattern Mark

Pattern marks consisting of simple geometric shapes or designs are commonly used for the surface of goods or their packaging to make the goods attractive. The pattern marks are for goods that have a specifically designed pattern that serves as the good’s distinctive feature. A pattern for trademark registration in India must stand out as unique or distinct to be registered.

• Sound Mark

A sound mark is a mark where the sound is used to perform the trademark function of uniquely distinguishing the commercial source of products/goods and services. Sound logos are also termed audio mnemonics, and they occur at the start and finish of commercials. The most famous sound mark in India is the Yahoo, tune for IPL.

Rights Conferred By Trademark Registration India

Once the Trademark Registration India has been done, the trademark owner has enjoyed the following rights:

• The exclusive right to the use of the trademark concerning the product or services for which the trademark is registered.
• If the trademark contains several matters, then an exclusive right to the use of the trademark taken as a whole
• Registered proprietor obtains relief in form infringement when a similar mark is used on:
• Same goods or services
• similar goods or services
• dissimilar goods or services
• Forbids every other person to obtain the registration of the same trademark concerning the same product or services or the same description of products or services concerning which the trademark is registered.

Well-Known Trademark Registration India

The new concept of “well-known Trademark Registration India has been introduced in the revised Trade Mark Rules 2017. The registered trademark owner may submit a form TM-M application to the Registrar for the designation of the mark as “well-known”. 

A well-known trademark offers an extremely high level of protection against passing off and trademark infringement to trademark owners. Popular trademarks are acknowledged in India based on their reputation on a national, and cross-border level. 

The registered owner of a well-known trademark has exclusive rights to use the mark against all kinds of goods and services.

Remedies available with Well-Known Trademark Registration India will misuse or infringement-

• Prevent registration of similar or identical trademarks concerning all classes of goods and services. 
• Request that the trademark is removed. 
• Prevent the trademark from appearing in any corporate names, organization names, or logos. 
• Punitive damages

To Apply for Trademark Registration, connect Onlinexbrl.com and get your Trademark Registered in 4 Hours.