Trademark Registration

Trademark Registration

A trademark gives legal protection to your brand. Once registered, you have exclusive rights to use your name and logo. This not only prevents duplication but also builds credibility and trust of your brand among customers.The registration process is simple – first a trademark search is conducted to ensure your name is unique. After that, an application is filed, which gets registered after examination and journal publication. Once approved, you get an official Trademark Registration Certificate that is valid for 10 years (and can be renewed).

Trademark Objection

Trademark Objection is the initial stage when your filed trademark application is scrutinized by the Trademark Examiner. If the examiner finds a problem – such as:

• Similarity with existing trademarks
• Descriptive or generic name
• Incorrect class selection
• Lack of distinctiveness
• Then he issues an Examination Report that raises an “objection.”

What to do?

• An objection reply must be filed within 30 days.
• A strong legal reply + supporting documents are provided and the application moves forward to the next stage.

Trademark Opposition

If your trademark is published in the Trademark Journal, then any third party (which is in similar trade or business) can file opposition within 4 months.

Reasons for Opposition:

• Trademark is similar or identical
• Confusingly similar logo/word
• Bad faith application (filed with wrong intention)
• Earlier trademark rights exist

What to do?

• The trademark applicant has to file a “Counter-Statement”.
• Then both the parties file their evidence.
• The Registrar hears the arguments and gives the final decision.

Trademark Infringement Notice

If someone uses your registered trademark without permission, it is called Trademark Infringement.

Types of Infringement:

• Use of Identical name/logo
• Similar sounding mark that confuses customer
• Dilution of brand reputation

Action:

• Legal Cease & Desist Notice has to be sent to the infringing party.
• If they do not comply, then damages/penalties can be claimed by filing a court case.

Expedited Trademark Registration

Normal trademark registration process can take up to 12–18 months in India (more if there are objections/oppositions). But if you need fast approval, you can file Form TM-M (Expedited Examination).

Benefits:

• The application is examined in 3-6 months.
• The registration process is completed quickly.

When to choose?

• When the business has to be launched urgently.
• When priority is required for foreign filings.
• When proof of IP rights has to be shown in investor presentations.