Trademark Registration in India

Trademark Registration in India

A trademark provides an individual or an entity with a distinctive identity that distinguishes his/her business, product, or service from their competitors.  A registered trademark is an intangible asset and safeguards the reputation of an individual or an entity among their clients by helping them win consumers’ loyalty and trust.

A trademark registration gives the legal right to sue those who attempt to steal your trademark and forbids them from using a mark that is confusingly similar to the one you have registered.

What is the importance of the Trademark registration?

For a firm, trademark registration is crucial and required becaus

  • It builds the reputation of your product/service.
  • It aids in fostering your consumers’ loyalty and trust.
  • It provides the identity of your brand with legal protection.
  • It prevents your brand from being misused.

What can be registered for a trademark?

There are several facets of your brand’s image that might be trademarked. Which component of your brand reverberates with your clients is the factor you need to take into account.

1. Name

  • Product Name: The name of a certain product can be registered as a trademark. iPod is a trademarked product of Apple.
  • Company Name: The most popular course of action for firms is to register their company names as trademarks for example Bajaj.
  • Name/Surname of the Person: If your name is crucial to bringing in money, you may even trademark it! Ex: Shah Rukh Khan has registered his name as a trademark.
  • Abbreviations: A trademark can also include an abbreviation of a company or brand name. Ex: BMW.
 

2. Symbols/Logos

It is advisable to trademark your logo because it serves as a physical representation of your business. A logo is easier for your consumers to remember than a name.  Nike’s “swoosh” is a fantastic illustration of a logo trademark.

3. Tagline

You may also register your brand’s slogan as a trademark if you have one. A tagline explains to your target audience what your company stands for. Take KFC’s “It’s finger-lickin’ good” as an illustration.

4. Alternatives

  • Colour mark: It allows you to protect a single colour or a group of colours. (For instance, Royal Blue has been trademarked by Cadbury.)
  • Sound Mark: If we can demonstrate that a musical note or sound is distinctive, we can register it as a trademark. For example:- Nokia registered its song as a trademark.
  • Scent Mark: Scents can be registered as trademarks as well.
  • Shape/Architectural building: Taj Hotel, Mumbai has been registered as a building shape one of the first of its category in India.

 

Different Trademark classes

There are 45 trademark classes, and each class has a category for the various products and services. The classifications you choose must be carefully considered since they will affect whether or not your trademark is valid for the goods and services offered by your company. If your company offers a variety of products and services that fall under several classes, you must make sure that you can submit an online trademark application for each class that applies. In India, some of the most common trademark classes are:

  • Class 9: which comprises electronics and software for computers,
  • Class 25: Clothing, Footwear and Headgear,
  • Class 35: This category comprises advertising and business management, and
  • Class 41: This category comprises entertainment and education.

 

What is Trademark Objection?

The trademark examiner may occasionally notice specific flaws or concerns with the registration of a trademark. These problems can include using the wrong name or facts on a trademark application form, using objectionable or misleading phrases, providing inadequate information about the goods or services, or using an identical or confusingly similar mark.

Following the raising of an objection, the status on the register will read “Objected,” at which point a skillfully crafted response must be filed together with any necessary evidence and documentation. Your chance to make your claim over your mark stronger and establish urgency is during the objection response.

The application will be moved further for registration and publication in the Trademark Journal if the response is approved. A trademark hearing may be arranged and you will be given notice of it if it is not approved or if the examiner requests any more explanations.

From the time the objection is initially lodged, the procedure normally takes 2-4 months.

 

What is Trademark Opposition?

A trademark opposition, on the other hand, is a legal proceeding in which one party seeks to oppose or stop the approval of a trademark application. Third parties that think your trademark could negatively impact their business or their own trademark file a written opposition to your trademark with the trademark examiner in the form of a notice. The applicant will be informed if the examiner finds the opposition to be valid and two months will be granted to make a counterstatement to the Registrar.

The Registrar may decide to reject the opposition if they believe the counter statement adequately addresses it. The registrar may also schedule a hearing where both parties can appear before them and argue their positions if they believe there is more to be considered. The Registrar will make a decision about the admissibility of the application or the opposition following the hearing.

 

Why consider Knowledgentia Consultants for trademark registration

Here are some benefits of utilising services of Knowledgentia Consultants for online trademark registration.

  • We look over the TradeMark portal and information carefully.
  • In order to register your trademark on your behalf, we prepare the authorisation letter for you.
  • Our specialists help you choose the classes you should apply for, and we file the applications online.
  • We inform you frequently till the trademark registration procedure is finished.
  • Throughout the online trademark registration procedure, you receive the greatest service, and all of your questions are addressed.

 

How Knowledgentia Consultants handle trademark objections/oppositions

Our services for objection/opposition to trademarks:

  • Drafting a timely response to a trademark objection/opposition.
  • An advocate’s appearance in the trademarks office when appropriate.
  • Preparation of necessary legal documents that are required
  • Information that is current and up-to-date with changes that the government has implemented on a regular basis.
  • Legal advice and/or a compliance schedule, as appropriate for your business.
  • The right advice on how to respond to a trademark objection /opposition.
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