INTELLECTUAL PROPERTY RIGHTS

Home | INTELLECTUAL PROPERTY RIGHTS | TRADEMARK RECTIFICATION + INFRINGEMENT + OPPOSITION + ASSIGNMENT + RENEWAL + CLASS FINDER + RESPOND TO TRADEMARK OBJECTIONS + TRADEMARK WATCH

TRADEMARK RECTIFICATION + INFRINGEMENT + OPPOSITION + ASSIGNMENT + RENEWAL + CLASS FINDER + RESPOND TO TRADEMARK OBJECTIONS + TRADEMARK WATCH Registration - An Overview

TRADEMARK RECTIFICATION

On what grounds we can file application for rectification?

  1. Registration was made without sufficient cause and application was made similar to earlier work.
  2. Mark is creating confusion (unable to understand).
  3. Changes in relation to a registered trademark for any recent amendment.
  4. Cannot issue any registered trademark for more than five years.
  5. Non-renewal of the previous trademark

An aggrieved person can apply for trademark rectification/ cancellation on the grounds of contravention or failure to observe a condition of the trade mark already entered in the Register or an error in registering the trade mark. Section 57 of the Trade Marks Act, 1999 provides for the grounds for Rectification of the Register. An application for rectification or
cancellation of a trademark can also be filed on the grounds of non-use of the trademark for a prescribed period of time after the registration of the trademark.

Procedure for trademark rectification in India:
The application form used to serve trademark rectification or cancellation must be filed in prescribed form. The application must include the statement of case, and submit along with the prescribed fee. Further, the application can be submitted to the Registrar or IPAB. On receipt of the application, the Registrar serves notice to the registered proprietor to file a counter statement. Once the counter statement is filed the matter arrives at the evidence stage. The parties may require filing their respective evidence in the form of an Affidavit. After this, there will be a hearing. Subsequently, the order is passed.

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TRADEMARK INFRIGNMENT

Remedy for Trademark Infringement

A Court may grant relief for trademark infringement or for passing off (eg: counterfeit goods). Trademark infringement relief can be provided through an injunction, damages or an account of profits, together with or without any order for the deliver-up of the infringing labels and marks for destruction or erasure.

SECTION 135 OF THE TRADE MARKS ACT MENTIONS THE FOLLOWING RELIEF FOR TRADEMARK INFRINGEMENT:

  1. The relief which a Court may grant in any suit for infringement or for passing off referred to in Section 134 includes injunction (subject to the terms, if any, as the Court thinks fit) and at the option of the plaintiff, either damages or anaccount of profits, together with or without any order for the delivery-up to the infringing labels and marks for destruction or erasure.
  2. The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:
    1. for discovery of documents;
    2. preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;
    3. restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff’s ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.
  3. Notwithstanding anything contained in sub section(1), the Court shall not grant relief by way of damages (other than nominal damages) or on account of profits in any case:
    1. where in suit for infringement of a trademark, the infringement complained of is in relation to a certification trademark or collective mark; or
    2. where in suit for infringement the defendant satisfied the Court:1.
      1. that at the time he commenced to use the trademark complained of in the suit, he was unaware and had no reasonable ground for believing that the trademark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use; and
      2. that when he became aware of the existence and nature of the plaintiff’s right in the trademark, he forthwith ceased to use the trademark in relation to the goods or services in respect of which it was registered; or
    3. where in suit for passing off, the defendant satisfied the Court:
      1. that at the time he commenced to use the trademark complained of in the suit he was unaware and had no reasonable ground for believing that the trademark of the plaintiff was in use; and
      2. that when he became aware of the existence and nature of the plaintiff’s trademark he forthwith ceased to use the trademark complained of.

TRADEMARK OPPOSITION

AN OVERVIEW

A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. … Notably, the person filing the opposition need not have any commercial interest in the matter or a prior registered trademark in the Registry.

If a trademark opposition is successful, the registration of the trademark will be refused. If the trademark opposition application is rejected, the brand will be registered.

Trademark opposition in India comes at a stage after the registrar has approved the trademark application on the grounds of distinctiveness and published the third-party opposition’s trademark in the journal.

BENEFIT OF TRADEMARK OPPOSITION

Pubic consultation

Trademark opposition plays a very eminent role as it is a chance for the registered trademark owners to stop any other mark that can hinder/ dilute their brand or cause any possible confusion.

DOCUMENTS REQUIRED

  1. Details Of The Applicant
  2. Power Of Attorney
  3. Affidavit
  4. Details About The Opposed

TRADEMARK OPPOSITION PROCESS

What is the procedure for the trademark opposition?

  1. Opposition Notice
    Any person can file a notice of opposition on a trademark that appears on the trademark journal within four months from the first date of appearance.

    It must be filed on Trademark Form 5 in the prescribed manner and filed with applicable fees.

  2. Counter-Statement
    After the trademark opposition notice is filed with the trademark registrar, the registrar would serve a copy of the trademark opposition notice to the trademark applicant. Within two months of receipt of the trademark, opposition notices the trademark applicant must file the counter statement.

    If the trademark applicant fails to file the counter statement within the specified period, the trademark application shall be “abandoned.” However, it is necessary to understand the trademark registration status.

  3. Hearing
    After the evidence filing stage is over, the registrar shall send notices to both parties stating the date of hearing, which shall be at least one month after the date of the first notice. The hearing is based on the notice of opposition, the counter-statement filing, and the filed evidence. The registrar hears the matter by the registrar, and if any of the parties does not show up for the hearing, the registrar will rule against him.

  4. Appeals
    Based on the review of the evidence submitted and the hearing of both the parties, the registrar decides whether the opposition was successful at doing so and, in turn, determines whether the trademark should be registered or not. However, the party aggrieved by the registrar’s decision may challenge the same by filing an appeal before the Intellectual property Appellate Board.

TIME LIMIT FOR TRADEMARK OPPOSITION

A trademark opposition can be raised under different sections like the absolute grounds, relative grounds, prohibited mark, or even concerning the opposed trademark’s proprietorship.

The Indian trademark law does not provide any specific grounds of opposition. There are various reasons a trademark opposition may be opposed mentioned below:

The trademark is similar or identical to an earlier or existing registered trademark.

The trademark is devoid of distinctive character.

The trademark is descriptive.

The trademark registration application is made with bad faith.

The trademark is customary in the current language and or in the established practices of a business.

The trademark is likely to deceive the public or cause confusion.

The trademark is contrary to the law or prevented by law.

The trademark is prohibited under the Emblem and Names Act, 1950.

The trademark contains matters that are likely to hurt any class or section of people’s religious feelings.

FORM TM-5

For opposing a trademark Form, TM-5 must be filed by the opponent. As per the application, the opposition of the trademark must be filed in the appropriate trademark office. The TM-5 form must contain the following details:

Details about the trademark application

Impugned application number

Indication of the goods or services from the trademark application

The name of the applicant for the trademark sought to be opposed.

Details about the opposing party

If the opposition is filed by the trademark owner of an earlier mark: Name and address of the trademark owner and an indication that he is the trademark owner of such trademark.

If a trademark licensee files the opposition: Name and address of the trademark licensee along with an indication that he or she has been authorized to enter the opposition.

If a successor files the opposition to the registered trademark owner: Name and address of the successor and an indication of the date on which the application for registration of the new proprietor was received by the appropriate office or where this information is not available, was sent to the appropriate office.

If a party outside India files the opposition: Name and address the opposing party and address India’s service.

The trademark opponent or an authorized person who is acquainted with the case’s facts should sign the notice of the opposition.

TRADEMARK ASSIGNMENT

AN OVERVIEW

A trademark assignment is a written document which helps to transfer a recognized word, phrase, and symbol or design from the original owner to another owner. The original owner of the trademark is known as “the assignor,” and the future owner is known as “the Assignee

Procedure for applying for a trademark assignment

Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both.

Filing of Form TM-P.

Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark. The filing needs to be done within a period of six months from the date of acquisition of proprietorship.


The registrar of the trademark will specify the advertisement of the trademark assignment.

Based on the registrar’s specification, the applicant is required to make an advertisement for the trademark assignment.


The applicant is required to submit the copy of the advertisement and copy of the registrar’s direction in the office of the registrar.


Benefits of a trademark assignment

Unlock Value

Through an assignment agreement, the brand owner can unlock the value of the brand owner and can unlock the value of the brand, which, until this point, only has value on paper. The assignee, on the other hand, could be significantly better off beginning a market with a previously well-known brand, rather than developing a new one entirely.

Valid proof

In case of a dispute associated with the trademark, legal rights would quickly be established through the action. The Registrar assures that all the checks are in place by testing the validity of all the clauses in the agreement and declaring the assignment in the Trade Marks Journal.

REQUIREMENTS/ CHECKLIST FOR ASSIGN TRADEMARK

Assets to be assigned

  1. Pending trademark applications.
  2. Issued trademark registrations.
  3. Goodwill.
  4. Associated marks, applications or registrations.
  5. International registrations.
  6. Common law trademarks.
  7. Names of living or deceased individuals.
  8. Domain names, email accounts, social media or website accounts, etc.

EXECUTION REQUIREMENTS

  1. Signatories.
  2. Witness.
  3. Notarization.
  4. Legalization.
  5. Execution date and place.
  6. Power of attorney.

WHAT IS THE PROCESS FOR A TRADEMARK ASSIGNMENT?

  1. The assignment of a trademark happens when assign or transfer of intellectual property rights to another person with or without goodwill. Assignee, the person who becomes qualified by the assignment of a certified trademark should apply for the trademark assignment in the designated manner.
  2.  An application of a trademark assignment shall be made in Form ™-P by the assignor or assignee or both can make a joint request to register assignee as a subsequent proprietor.
  3. Apply with the registrar of a trademark within six months from the date of procurement of the proprietorship. The application can be filed later, but the requisite fee may vary accordingly.
  4. In case of assignment without goodwill or assignment of a certified trademark, the regulation from the registrar of trademarks is needed before the expiry of six months from the date on which assignment is delivered or within the extended long period which is provided by the registrar.
  5. Advertise the assignment in such a manner and within such a period as the registrar may direct.
  6. A copy of the direction of the registrar and advertisement of the assignment must be submitted to the office to make sure that the directions have been followed accordingly or  not.
  7. On the receipt of the trademark assignment application and documents required, the registrar after perceiving satisfied shall register the assignee as the proprietor of the trademark and the specifications of the assignment to be recorded in the register.

HOW TO ASSIGN A TRADEMARK

Assign trademark is the transferring of proprietary rights within the property of the businessman. The way within which assignment is often created square measures as follows:

  • Complete assignment of logos

    In a complete assignment, the owner of the trademark transfers all the rights with the relation to the trademark, together with the transfer of the rights like the right to any authorities, earn royalties, etc., to a distinct entity.

    For instance, let’s take” A” as the owner of “XYZ”, sells his whole association through an agreement to B. After this, A doesn’t maintain or get any rights with relation to “XYZ”.

  • Partial assignment of logos

    In a partial assignment, the transfer of possession is restricted to specific or service solely. The owner could maintain and support the right to any transfer, to earn royalties etc.

    Moreover, for instance, the owner of a tea and a biscuit whole transfer proprietary rights solely with relation to the tea whole retains the rights over the biscuit whole, this process is known as the partial assignment.

  • Documents required for trademark assignment in India

    Certificate of Trademark Registration (if any).
    The assignor and assignee’s name and description.
    No Objection Certificate (NOC) from the original owner of the registered trademark.

  • Documents required for Trademark Registration:

    Trademark registration is an inherent mechanism in which a brand can be secured from undesired use and infringement. The Indian government has clarified the trademark registration method. The entrepreneurs can now quickly obtain trademark registration for their brands within a few months. Here, for the application process, there is no need for submitting original documents. A Scanned copy of the original document is enough for the application process.

INDIVIDUALS AND SOLE PROPRIETORSHIP

In India, any individual can easily register a trademark. There is no provision for forming a legal entity or business entity to register a trademark. Additionally, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as follows:

  • Copy of the logo, preferably in black & white in enough. In case the logo is not provided, the trademark application can be registered for the word.
  • The signed Form-48. It is an authorization and support from the applicant to a Trademark Attorney for registering and filing the trademark application on his/her behalf.
  • Identity proof of the individual or proprietor.
  • Address proof of the individual or proprietor.

TRADEMARK ASSIGNMENT WITH GOODWILL

This plan encourages and supports the exchange of both proprietorship rights and the picture esteem combined with a trademark in an appropriate field of business. After such a task sequence of action, the preferred one is empowered to utilize the market reputation of the trademark for understanding and developing some other results of worry in the future, notwithstanding the item sold by the assignor.

TRADEMARK ASSIGNMENT WITHOUT GOODWILL

Under this design, the assignor or seller of possession or property rights defines the appointee or customer from utilizing the said trademark in the matter of the assignor’s items. This indicates a comparable trademark is utilized by both the assignor and the trust after such a course of action, for working collectively in different fields. This kind of trademark task is called the gross trademark task.

TRADEMARK ASSIGNMENT

AN OVERVIEW

A trademark assignment is a written document which helps to transfer a recognized word, phrase, and symbol or design from the original owner to another owner. The original owner of the trademark is known as “the assignor,” and the future owner is known as “the Assignee

Procedure for applying for a trademark assignment

Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both.

Filing of Form TM-P.

Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark. The filing needs to be done within a period of six months from the date of acquisition of proprietorship.


The registrar of the trademark will specify the advertisement of the trademark assignment.


Based on the registrar’s specification, the applicant is required to make an advertisement for the trademark assignment.


The applicant is required to submit the copy of the advertisement and copy of the registrar’s direction in the office of the registrar.

BENEFITS OF A TRADEMARK ASSIGNMENT

Unlock Value

Through an assignment agreement, the brand owner can unlock the value of the brand owner and can unlock the value of the brand, which, until this point, only has value on paper. The assignee, on the other hand, could be significantly better off beginning a market with a previously well-known brand, rather than developing a new one entirely.

Valid proof

In case of a dispute associated with the trademark, legal rights would quickly be established through the action. The Registrar assures that all the checks are in  place by testing the validity of all the clauses in the agreement and declaring the assignment in the Trade Marks Journal.

REQUIREMENTS/ CHECKLIST FOR ASSIGN TRADEMARK

WHAT IS THE PROCESS FOR A TRADEMARK ASSIGNMENT?

  1. The assignment of a trademark happens when assign or transfer of intellectual property rights to another person with or without goodwill. Assignee, the person who becomes qualified by the assignment of a certified trademark should apply for the trademark assignment in the designated manner.
  2. An application of a trademark assignment shall be made in Form ™-P by the assignor or assignee or both can make a joint request to register assignee as a subsequent proprietor.
  3. Apply with the registrar of a trademark within six months from the date of procurement of the proprietorship. The application can be filed later, but the requisite fee may vary accordingly.
  4. In case of assignment without goodwill or assignment of a certified trademark, the regulation from the registrar of trademarks is needed before the expiry of six months from the date on which assignment is delivered or within the extended long period which is provided by the registrar.
  5. Advertise the assignment in such a manner and within such a period as the registrar may direct.
  6. A copy of the direction of the registrar and advertisement of the assignment must be submitted to the office to make sure that the directions have been followed accordingly or not.
  7. On the receipt of the trademark assignment application and documents required, the registrar after perceiving satisfied shall register the assignee as the proprietor of the trademark and the specifications of the assignment to be recorded in the register.

How to assign a trademark

Assign trademark is the transferring of proprietary rights within the property of the businessman. The way within which assignment is often created square measures as follows:

  • Complete assignment of logos

    In a complete assignment, the owner of the trademark transfers all the rights with the relation to the trademark, together with the transfer of the rights like the right to any authorities, earn royalties, etc., to a distinct entity.

    For instance, let’s take” A” as the owner of “XYZ”, sells his whole association through an agreement to B. After this, A doesn’t maintain or get any rights with relation to “XYZ”.

  • Partial assignment of logos

    In a partial assignment, the transfer of possession is restricted to specific or service solely. The owner could maintain and support the right to any transfer, to earn royalties etc.

    Moreover, for instance, the owner of a tea and a biscuit whole transfer proprietary rights solely with relation to the tea whole retains the rights over the biscuit whole, this process is known as the partial assignment.

  • Documents required for trademark assignment in India

    Certificate of Trademark Registration (if any).

    The assignor and assignee’s name and description.

    No Objection Certificate (NOC) from the original owner of the registered trademark.

  • Documents required for Trademark Registration:

    Trademark registration is an inherent mechanism in which a brand can be secured from undesired use and infringement. The Indian government has clarified the trademark registration method. The entrepreneurs can now quickly obtain trademark registration for their brands within a few months. Here, for the application process, there is no need for submitting original documents. A Scanned copy of the original document is enough for the application process.

INDIVIDUALS AND SOLE PROPRIETORSHIP

In India, any individual can easily register a trademark. There is no provision for forming a legal entity or business entity to register a trademark. Additionally, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as follows:

  • Copy of the logo, preferably in black & white in enough. In case the logo is not provided, the trademark application can be registered for the word.
  • The signed Form-48. It is an authorization and support from the applicant to a Trademark Attorney for registering and filing the trademark application on his/her behalf.
  • Identity proof of the individual or proprietor.
  • Address proof of the individual or proprietor.

TRADEMARK ASSIGNMENT WITH GOODWILL

This plan encourages and supports the exchange of both proprietorship rights and the picture esteem combined with a trademark in an appropriate field of business. After such a task sequence of action, the preferred one is empowered to utilize the market reputation of the trademark for understanding and developing some other results of worry in the future, notwithstanding the item sold by the assignor.

TRADEMARK ASSIGNMENT WITHOUT GOODWILL

Under this design, the assignor or seller of possession or property rights defines the appointee or customer from utilizing the said trademark in the matter of the assignor’s items. This indicates a comparable trademark is utilized by both the assignor and the trust after such a course of action, for working collectively in different fields. This kind of trademark task is called the gross trademark task.

TRADEMARK RENEWAL

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 is 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.

DOCUMENT REQUIRED

A copy of the trademark registration certificate

Power of attorney

Photo Id , address proof of the applicant

Copy of application form of Trademark registration

Checklist for Trademark Renewal

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 feasible solution if there is a conflict of trademark.

Prepare an application for renewal and thereby comply with appropriate conditions.

HOW TO RENEW A TRADEMARK?

Trademark renewal is of two types:

There is alteration and change of sign or logo of the registered trademark

Application is made without any change in the trademark Here is simplified process:

  1. The application for trademark registration renewal in the form of TM-R
  2. The application can be filed by the registered owner of the trademark or an agent authorized by him.
  3. By filing a renewal application for trademark, will renew it for another 10 years.
  4. Checking the status of the application periodically is very important until it is processed by the registrar.
  5. The trademark journal is the official gazette of the trademark registry which governs the status of accepted or rejected. If the application is accepted then it is advertised in the trademark journal. And the  renewal process should begin 3 to 6 months before the expiry of the trademark.
  6. To file the application Form 18 with the requisite fees. The application is reviewed for the quality before it is finally approved for renewal.

DURATION TO RESTORE A TRADEMARK

A trademark registration can be restored after six months and within one year from the date of expiration of the last registration of the mark.

The following forms must be provided along with the application for the renewal of the Trademark along with the fee:

Forms

Forms Purpose

Cost
(Physical filing)

Cost
(e Filing)

TM -R Application for renewal with surcharge/ restoration and renewal of a

Trademark

Rs.10,000+ Renewal fee Rs.9000+ Renewal fee

TM-18 Affidavit in support of the statement of the case – –

However, the following members can file the application for trademark renewal or restoration

The proprietor of the registered trademark

An agent associated with the registered trademark

Duration to renew a trademark registration

The renewal can be filed within one year prior to the date of the expiry as per rules 57 and 58 in Trademark rules 2017

The renewal can be filed within six months prior to the date of expiry as per rules 63 and 64 in Trademark rules 2002.

The renewal can also be filed within six months after the date of expiry

Forms

For renewing a trademark along with the allotted fee the following forms must be provided.

Form Purpose

Cost
(physical filing)

Cost
(e Filing)

TM- R Application form for renewal of a registered trademark to be used by the registered proprietor

Rs. 10,000 Rs,9000

Application for renewal with a surcharge of registration of a Trademark

Rs 5000+ Renewal fee Rs 4500+ Renewal fee

TM-18 Affidavit in support of the statement of the case – –

Mandatory Notice from the Office of the Registrar of Trademarks

The office of the registrar of Trademarks will send a notice 6 months before informing the proprietor about the deadline for renewal of the trademark.

If the trademark is not renewed within a stipulated time then the trademark will be removed from then register of Trademarks.

However, the trademark can be restored by filing an application along with the required fee.

TRADEMARK CLASS FINDER

AN OVERVIEW

Trademark is segregated into 45 different classes as per the NICE classification for a trademark, also known as the International Certification of Goods and Services. Each of the trademark classes represents a distinct set of goods and services.

While filing a trademark registration application, it is necessary to do a trademark search to avoid discrepancies. It is essential to choose the right class of the trademark as the mark’s wrong classification can hamper the registration process.

Trademark applications can be filed in more than one class if the business’s activity involves various goods or services falling under different trademark classifications. Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under another class.

Hence, filing of trademark application under one class does not provide complete exclusivity over the mark’s use. Trademark only includes exclusivity for the mark’s use concerning the class of goods or services for which the trademark is registered. Use the trademark class finder tool to find the correct trademark class for your goods or service from over 80,000 goods and services.

WHEN DO YOU NEED A TRADEMARK SEARCH?

The trademark search is not a tool you use once and forget about, but a tool you need to bookmark.

Here are the reasons why:

TRADEMARK REGISTRATION

If you are someone looking to register your trademark, then the first step in the process is to do a thorough search of the existing trademark registrations and applications. Here, this tool comes in handy. You can run your preliminary search to check whether your trademark is available or if it’s taken by someone else.

After you run a basic search, you can contact TGA India LLP Services to take care of the trademark registration for you.

We take care of all the key tasks so that you don’t have to worry about analyzing the search results, identifying the right class for your product/service, or making sure you are submitting your application error-free.

PROTECTING YOUR TRADEMARK

The use of a trademark search tool is not over if you have registered your trademark. It is also necessary to ensure that your trademark rights are protected. New trademark applications are submitted every day and someone can attempt to register the same or a similar trademark as yours.

The trademark search tool helps you keep an eye out for such possibilities. When you do find someone trying to register your trademark or a similar one, you can make an objection.

This can be a time-consuming process for you to keep checking every now and then. So, to make it easier for you TGA India LLP Services provides our trademark watch service.

Through trademark watch, we make sure that your rights are protected by regularly checking new trademark registrations and giving you real-time information about any possible infringement.

RESPOND TO TRADEMARK OBJECTION

AN OVERVIEW

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.

BENEFITS OF TRADEMARK OBJECTION

 1) It highlight the uniqueness to the logo
2) Prevent rejection
3) File an appeal not a new registration

DOCUMENTS REQUIRED

 1) Authorization letter
2) Affidavit of usage
3) Examination report
4) Trademark hearing notice
5) Documentary proof of Trademark in commercial use.

REGISTARTION PROCESS

 1) Analyzing Trademark Objection
2) Drafting Of Trademark Objection Response
3) Trademark Hearing
4) Publication In The Trademark Journal
5) Registration

Trademark Watch

AN OVERVIEW

Trademark Watch Service helps the registered trademark owner to identify similar marks, including word meanings, phonetic similarities, visual resemblances, class descriptions of the registered trademark attempted to be registered by unscrupulous people and to take timely action to protect it.

Trademark watching is an important tool in the proactive monitoring of registered marks and devices, helping companies to identify and act against infringement and misuse of trademarks in a timely manner.

Trademark Watching helps companies to identify the infringement and misuse of their trademark. It allows trademark owners to get alerts when the filing of a similar trademark takes place. Also, it ensures one’s position to oppose the trademark at the right time. Moreover, trademark watching asserts one’s rights by providing regular updates regarding the similar trademark. The owner has the rights to present the opposition actions against the application, aiming to prevent its registration

BENEFITS OF TRADEMARK WATCH

  • By using the trademark watch services, you are kept up to date with the status of your trademark and the competitor’s trademark 
  • If the objection or opposition is raised, it is pertinent to prepare the reply and may also be required to give the supporting case laws.
  • Gives the attorney the chance to oppose the registration application within the set time framework and enforce the rights of the already registered trademark proprietor.
  • Helps you assert your trademark rights.
  • In case the opposition is filed by the other parties, you will be notified.
  • Keeps you informed with the latest status of your trademark.
  • Ensures your brand remains untarnished and protected.
  • Keeps the track of all pertinent trademark registers to identify applications for identical and similar trademarks would be kept.
  • Looks out for all the identical or similar marks that are registered.
  • Keeps the track of possible passing-off violations being done online or offline.
  • Trademark violation may also be in the form of domain names or online advertisements. The dashboard keeps track of all of them also and notifies whenever a violation is made.

WHAT ARE THE REASONS FOR CHOOSING OUR TRADEMARK WATCH SERVICE?

Here is a checklist for you to understand why our trademark watch service is a cut above others-

  • Our watch identifies similarities in word meanings. It is not restricted to mere similar/identical word matches.
  • We leverage technology to identify visual and phonetic resemblances as well.
  • We provide timely reports so that you can act fast to protect your intellectual property.
  • We also have a user friendly portal where you can store and review your watch reports.
  • We offer cost-effective analysis.
  • We offer volume discounts and affordable rates.

HOW TO AVAIL OF OUR SERVICES FOR TRADEMARK WATCH?

Step 1
You discuss your business and brand with our lawyers. The lawyers recommend the variations on your brand name that need to be tracked.

Step 2
We have access to the database of all trademark filings across industries. We keep a watch on all new filings. With the help of it, we capture the mention of similar or identical brands.

Step 3
We provide you with real-time information on any attempts by other businesses and individuals to register similar trademarks, even those in other domains. This can be done in India and globally.

FAQs

Benefits of taking services from TGA India LLP Services?

At TGA India LLP Services, our aim is to treat the customer as a king. We provide services to entrepreneurs and businessmen at a very cost-effective proposition. We believe that loyalty is the key to any relationship. We aim at delivering the services on time and have a money-back guarantee to ensure highest level of customer satisfaction.

What if I am not happy with the service?

At TGA India LLP Services, we have a 24×7 customer support department where personnel are working day and night to satisfy and solve the customer complaints. We aim at providing the information of any milestone achieved and keep the customers in the loop at every step of the way.

How can I be sure that my documents are safe?

At TGA India LLP Services, we believe it is our priority to protect the information shared by our trusted customers from unauthorized access. We have put rigorous systems to make sure that our customers’ information is safe with us and even when it is transferred to any third party for official use. We have personnel who dedicate their time in checking any unauthorized entry into the servers and any security gaps and fix them on the spot.

Who can oppose a Trademark?

Anyone can file for trademark opposition, but usually, an opposition is raised by a person who is the owner of the trademark or a mark that deals with similar goods and services.

If a mark is not registered can opposition be raised over the trademark?

A trademark opposition can be raised even if the trademark application is pending or already in use. The common law of rights prevents any person from selling goods and services.

What is the trademark sale?

The selling of a trademark involves two parties. The assignor and the assignee. Trademarks are of great advantage to any business and determine the sales to a notable level. It reflects your products or services and presents an edge over others in the market. At times, the owner can transfer or assign his/her trademark to another person. Selling a trademark also known as the assigning of a trademark from your name to any other person.

Can an unregistered trademark be assigned?

An unregistered trademark can be consigned without the goodwill of the business under the following circumstances:

At the time of the assignment, it is used in the same business as a registered trademark;

That both the certified and unregistered trademarks are assigned at the identical time and to the same person;

and That the goods regarding which the assignment is effected are the same for both the registered and unregistered marks.

Can you assign goodwill?

Goodwill is one of the hardest-to-value assets of a business. An assignment of goodwill in business is also a situation where a deed is considered most appropriate to evidence that such a valuable transfer of property from the seller to the buyer was indeed fully intended.

What is the trademark sale?

The selling of a trademark involves two parties. The assignor and the assignee. Trademarks are of great advantage to any business and determine the sales to a notable level. It reflects your products or services and presents an edge over others in the market. At times, the owner can transfer or assign his/her trademark to another person. Selling a trademark  also known as the assigning of a trademark from your name to any other person.

Can an unregistered trademark be assigned?

An unregistered trademark can be consigned without the goodwill of the business under the following circumstances:

 

At the time of the assignment, it is used in the same business as a registered trademark;

 

That both the certified and unregistered trademarks are assigned at the identical time and to the same person;

 

and That the goods regarding which the assignment is effected are the same for both the registered and unregistered marks.

Can you assign goodwill?

Goodwill is one of the hardest-to-value assets of a business. An assignment of goodwill in business is also a situation where a deed is considered most appropriate to evidence that such a valuable transfer of property from the seller to the buyer was indeed fully intended.

What are the benefits of trademark renewal?

The trademark registration is an asset for the company under this a word or visual symbol is used by a business to help them distinguish the goods and services from that other similar goods and services. Thus, renewing a trademark is always beneficial.

What is the difference between trademark registration and trademark renewal?

The trademark registration helps an individual obtain exclusive rights for the use of words or symbols whereas the Trade renewal helps in continuing the ownership and use of the trademark.

For how many years is a trademark registration valid?

Trademark registration is valid for 10 years; the process of renewal begins after the period of expiry

What happens in case if there is a failure to renew the trademark?

In case if the trademark registration is not renewed the trademark would be removed from the register and any other person claim and get it registered to their name.

How will I know my Trademark is objected?

The status of the trademark application can be tracked here. The status will be displayed as “Objected”.

What are the common reasons for Trademark Objection?
  • Trademarks are rejected due to one or more of the following reasons:
  • Usage of scandalous or offensive words
  • Absence of unique signs and terms
  • Official and Patriotic resemblances-like flag or emblem
  • Existence of identical marks in the industry
What to do in case the deadline for the Trademark Objection response has been missed?

TGA India LLP Services professionals can help file extension thirty days after the deadline.

What happens if I run my business with a rejected Trademark?

It is always advisable to contest the rejected trademark and/or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.

Why is the timely identification of a similar trademark useful for my business?

It’s of utmost importance to your business. The earlier a trademark misuse is identified, the easier it is for you to act against such infringements and to enforce your trademark rights.

Where should I register a trademark for my business?

You should register your trademark with the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.

Why should I register a trademark?

A registered trademark can be a precious asset for your business as with it, your business can project its unique positioning to the consumers. By registering a trademark, you can also avoid potential litigations and future disputes and you can focus on the more important job of building your brand reputation.

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