IPINDIA working, adjourned trademark deadlines COVID-19

The Controller General of Patents, Designs and Trade Marks Office (IPINDIA) remains open for filings. Currently, as it has been for years, nearly all filings are made online.

Under authority from the advisory issued by Ministry of Health and Family Welfare, Govt. of India, The Controller General of Patents, Designs and Trade Marks Office (IPINDIA) has extended many trademark deadlines.

Trademark

In view of advisory issued by Ministry of Health and Family Welfare, Govt. of India and the concerned raised by stakeholders in this regard, all hearings relating to trademarks matters scheduled between 17/03/2020 to 15/04/2020 have been adjourned and these cases will be rescheduled in due course of time.

It may further be noted that hearing scheduled after 15 April, 2020 will remain as it is.

The extended deadlines include:

Show cause hearings related to trademark

For more details on Show cause hearings, please review this link.

Opposition cases hearings related to trademark

For more details on Opposition cases hearings, please review this link.

S K SINGH & ASSOCIATES is dedicated to keeping our clients fully informed during the COVID-19 crisis.

Role of Trademark agent in Trademark in India ?

Role of Trademark agent in Trademark in India 

Trademark Certificate holder enables trademark owner's to establish their right to the mark or brand or trademark  in the court of law. Registered trademark holder also discourage piracy and prevents from use of same or similar packing,  packaging, insignia, phrase, series of words, device, brand, heading, label, ticket, name, signature, word, tagline, letter, sound, a voucher, or on the product from being registered by other business owner's or entrepreneur's. You can conduct a Trademark Search, International Trademark Search, Public Search, Trademark Journal, find domain registration details, domain registration database, Check Company Name at Ministry of Corporate Affairs, in India for company already registered or Company pending for registration, Local Search, Internet based data search, also search other data bases, there are several trademark attorney or Trademark agents in India to conduct trademark search for you to check if your brand name conflict with Registered Trademark or pending trademarks. In India, you could get a ™ same day, but generally it takes up to 6 to 8 months without objection from the Registrar of Trademark or Opposition from any third party for it to be registered, so that you can use the ® symbol. Once you apply trademark Application online or offline a money receipt allotted by the Trademark Registry. You are now advised to write ™ on the Right Hand top corner inside the Circle prominently but don’t mark ® till you receive the Registration Certificate/s.

A trademark the most precious Intangible Asset. Selection of a good Trademark will distinguishes the goods & services from the other's. A poor trademark may lead to Trademark infringement and dull your efforts. However, selecting a strong trademark plays a vital role to get Trademark Registration certificate 6 to 8 months without objection from the Registrar of Trademark or Opposition from any third party.

Always  prefer Fanciful or Arbitrary trademarks

• Fanciful Marks (Mark that have no relation to the goods being described (e.g, "ANGIRA" for Ear Phones in class 9).

• Arbitrary Marks (Mark that have no meaning to the goods being described (e.g., APPLE for Mobile Phones in class 9).

Role of Trademark attorney or Trademark Agent

Trademark attorney and Trademark agents in India are the professionals who offer different types of services from selecting trademark to getting registered for and to enforce trademark that is selected, so that it does not get infringed by others.

Several trademark get rejected each month due to selection of weak trademark. It is advisable to hire a licensed and reputed Trademark attorney and Trademark agents in India, who can to conduct trademark search for you to check if your brand name conflict with Registered Trademark or pending trademarks. In India, you could get a ™ same day, but generally it takes up to 6 to 8 months without objection from the Registrar of Trademark or Opposition from any third party for it to be registered.

To become a trademark attorney or agent in India?

Presently there are two ways for the individuals available at  Indian Trademark Registry or intellectual property registry in India

1. Eligible criteria is through professional qualification for practicing before Trade Mark Registry.

1. Qualifying examination conducted by Indian Trademark Registry or intellectual property registry in India to become a Trademark agent in India.

Qualification criteria is prescribed under Trademarks Act of 1999 and Trademark Rules of 2017.

There is a exceptions to above if advocates having enrolled under Advocates Act and the qualified Company Secretaries having qualified the exam conduct by Company Secretaries are licensed to represent the clients before Trademarks Registry, without having appeared in Trademark Agent examination conducted by Indian Trademark Registry or intellectual property registry in India.

Well known trademark Made Simple A Step by Step Guide

Well-known trademark play a vital marketing weapons in the hands of entrepreneur's. on the perspective of the consumer trademarks act gives the exclusive right to the registered proprietors of the trademark due to which  one can identify the goods and service they want to consume.

Earlier to the trademark rule 2017 only the court of law or Intellectual Property Appellate Board (IPAB) has a power to decide a trademark as a well-known trademark. But after the amendment in the trademark rules, the trademark rule 2017 has given a power to the registrar of Trademark to declare a trademark as a well-known trademark as per rule 124 of the trademark act,1999 .

Determination of a trademark to be Well Known by Registrar.

1.Any person may, on an application in Form TM-M and after payment of prescribed fees, make a request to the Registrar of trademark for determination of a trademark as well-known.

What are documents accompanied with an application in Form TM-M and after payment of prescribed fees for determination of a trademark as well-known?

An application in Form TM-M and after payment of prescribed fees shall be accompanied by a user affidavit along with all the evidence and documents relied by the applicant in support of his claim.

The documents and evidence required to be submitted while filing a well-known trademark application

a)Statement of case – details of  the applicant right on the trademark and describing the claim of trademark.

b)Details of successful enforcement of rights in case the trademark has been recognized as well-known by the court in India or Trademark Registry in India.

c)Copy of judgment of any court of law or the territorial jurisdictions of trademark offices recognised as well-known.

d)Evidences justifying the claimant's right. Such evidences shall include documents

e)The duration, concurrent use of trademark, or any details about pending or registered trademark.

f)Year wise sales figures with supported documents in the form of tax Invoices.

g)List of Actual or potential consumers of the goods or services under the said trademark.

h)Year wise details advertisement along with the expenses incurred on advertisement with supported documents in the form of tax Invoices raised by Advertisement agency on the Applicant or the Company.

i)Recognition of the trademark in general public across the globe.

While determining the trademark as well-known by the registrar of trademark take in to account the other provisions trademark.

3.While determining the trademark as well-known by the registrar of trademark, the Registrar may call such documents as he thinks fit.

4.Before determining a trademark as well-known, registrar of trademark may invite objections from the general public to be filed within 30 days from the date of invitation of such objection.

5.After determining the trademark as well-known by the registrar of trademark, the trademark shall be published in the trademark Journal and included in the list of well-known trademarks maintained by the registrar of trademark.

6.The Registrar may, at any time, remove  the  trademark  from  the  list  of well-known after  providing  due opportunity of hearing to the concerned party if it is found that a trademark has been erroneously or inadvertently included or  is  no  longer  justified  to  be  in  the  list  of  well-known  trademarks.

Trademark can be declared well known through an application filled in the court of law or with the registrar by form TM-M.

What is Requisite for establishing well-known trademark ?

What is the criteria for determining a Well-Known Trademark?

While determining the trademark as well-known by the registrar of trademark take in to account all the facts which he considers relevant for determining a trade mark as a well-known trade mark including the following factors:

a) The trademark should be well-known to the public at large in India by consuming those goods or services or due to Advertisement & marketing activities are done by Applicant of well-known mark. 

b) The duration, concurrent use of trademark, extent for which that trademark is being used in the business & trade or geographical area of any use of such trade mark

c) The number of actual, genuine or potential consumers of the goods or services;

d) The business circles dealing with those goods or services to which the trademark applied by Applicant of well-known mark.

Section 11(10) in The Trade Marks Act, 1999 clearly states that the registrar is under an obligation to

(i) protect a well-known trade mark against the identical or similar trademarks;

(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

while a pending application for registering trademark has been filed with the court or with the registrar of Trademark or Trademark Registry in India.

In simple language well-known trademark means no one can use the term well-known trademark and if done so would lead to infringement proceedings against him/her/them. Therefore, the consequences of being declared a ‘well known’ trademark are open a new opportunities for the company.

Remedies available for infringement of well-known trademark

Advantages of attaining a status of the well-known trademark

After determining a trademark as well-known by the court of law, Intellectual Property Appellate Board (IPAB) or Registrar of Trademark; the act restrict to not register any trademark that is identical or similar with well-known trademark in any class or classes. Well-known trademark will be protected across all classes of goods and services on Request the identical or similar trademark will be removed from the register of the well-known of infringing mark.

Prevent use of the trademark in form of name/logo/word mark etc.

Punitive and compensatory damages:-  means compensatory damage to the plaintiff for the use of the well-known trademark.

For more details visit our website: https://sksinghassociates.com/blog

Advance Public Search Only 5 Minutes to get Trademark

Top Questions on Trademark Registration in India 2020

Q. Is there a time frame for the trademark registration?

Ans. The average time frame for the registration approval is 6 -7 months, if no objections or oppositions arise.

Q. If I register my trademark in the India, do I have protection in other country?

Ans. When you register your trademark in the India, it will be protected in India. Although while making an application for Trademark in global country you can priority claim.

Q. Do I need to sign a Power of Attorney or TM-M?

Ans. Yes. If It is being filed by a Trademark Agent or Attorney and will be needed. It is not a filing requirement, if it is being filed by Applicant of the Trademark in India.

Q. Are there any benefits from a pre-filing use of the trademark?

Ans. Yes.

    There are a number of benefits from pre-filing use:

    Show distinctiveness of mark

    Dismiss oppositions based on non-distinctiveness

    Invalidate a similar registered mark if use is earlier than the date of its application

    Establish reputation and obtain better protection

Q. Will there be problems in case I don’t use my trademark after registration?

Ans. Yes. Not using your trademark makes it vulnerable to cancellation or revocation.

Q. What are the types of trademark that can be registered in the India?

Ans. Registrable marks are those that can be interpreted graphically and can make the business distinct from its competitors: words, slogans, names, devices, sounds, scents, holograms, motions, touch, taste, 3-dimensional shapes and colors.

Q. What are the phases of application after a trademark has been filed in the India?

Ans. The application will go through 4 phases:

Application:

Examination – The application must comply with respect to formalities, classification, descriptiveness, distinctiveness and clarity.

Publication in Trademark Journal– The filing details will be posted online including the mark itself, goods/services involved, applicant’s name and address, date and number of application, information about priority claim, and the trademark’s representation.

Registration – After the prosecution, and if no opposition was filed, the issuance of registration will come next.

Unknown facts how to initiate Trademark Opposition

Little known facts about to initiation of Trademark Opposition Proceedings:

Little known facts about to initiation of Trademark Opposition Proceedings:

1.       Applicant mark is similar/identical to prior user or trademark is registered.

2.       The Applicant mark is contrary to the law.

3.       The Applicant mark is prohibited under the Emblem and Names.

4.       The Applicant mark contains matters that are likely to hurt religious feelings of any class or section of people.

5.       The Applicant mark is devoid of distinctive character.

6.       The Applicant mark is descriptive in nature.

7.       The Applicant mark is made with bad faith.

8.       The Applicant mark is likely to deceive or cause confusion to the public.

Complete Guide to Trademark Opposition Proceedings in India

A Complete Guide to Trademark Opposition Proceedings |Form Fees | Time frame | Grounds of Opposition  in India 

1.      Any person (This includes individuals, companies, partnership firms and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents) may, within 4 months from the date of the Publication in the Trademark Journal in the aggregate, as the Trademark Registry, on application of TM-O in the prescribed manner and on payment of the fees of Rs. 2700 online or Rs. 3000/- for TM-O Filing, Notice of Opposition should be in writing in the as per the Trademark Act, to the Registrar, of opposition to the registration.

2.    On Receipt of notice of opposition  from the opponent the Registrar will serve a copy of the notice of opposition to the applicant for registration and, within two months from the date of receipt of Notice of Opposition by the applicant of such copy of the notice of opposition, the applicant have to file a counter-statement of the grounds on which he relies for his application, and if the applicant does not file a counter-statement then the Application becomes to abandon.

3.       If the applicant submits  a  counter-statement within two months from the date of receipt of Notice of Opposition, then the Registrar will serve such Counters statement to the opponent.

4.       Within two months from service of a copy of the counter statement, the opponent have to submit such evidence as he desires in support of the opposition in the form of an Affidavit under Rule 45 with evidence. Copies of such affidavit with evidence shall be submitted to the registrar. Alternatively, the opponent have a option to waive such filing under Rule 45 and letter of rely on the facts stated in the Notice of Opposition. However, such letter of rely should be informed  to the Registrar and to the applicant in writing within two months.

If the opponent fails to submit such affidavit with evidence or a letter of rely to waive such filing within the prescribed time of two months, the opposition is deemed to have been abandoned.

5.     Within 2 months of receiving the Affidavit with evidence under Rule 45 or of the letter of rely to waiver to file such Affidavit with evidence from the opponent, the applicant shall adduce evidence as he desires in support of the application by way of Affidavit under Rule 46. Copies of such evidence with evidence shall be submitted before the registrar and a copy should be forwarded to the opponent also. The applicant can choose to waive filing such Affidavit with evidence under Rule 46 and can solely rely on the facts stated in the counter statement and or on the evidence already submitted in connection with the application by writing to the registrar and the opponent within two months.

If the applicant fails to submit such evidence in support of the application or a letter of rely within two months, the Application is deemed to have been abandoned.

.

6.     As per Rule 47, Within one month of receiving the Affidavit with evidence under Rule 46 or of the letter rely from the applicant, the opponent again has the option to adduce further evidence in support of the opposition in the form of an affidavit with evidence or a letter of rely.

After the opponent submits the reply affidavit as per Rule 47, no further evidence shall be left on either parties, however, the registrar may at any time allow the applicant or the opponent to provide any evidence if he thinks fit. Alternatively, the opposition shall proceed towards hearing.

How to Check Trademark availability OR Trademark Search

I am starting with frequently asked questions about of how conduct Trademark availability search & try to answer each & every frequently asked questions, Source: Google Search Engine 

How to Check if a Trademark is Already Registered?

How to check a brand name’s availability for Trademark Registration in India?

How To Check If A Brand Name Is Taken?

How to check brand name availability for trademark?

How Choose your business name - Small Business Administration?

How to Starting Your Business- Business Name Availability?

New Company Name Search, Company Name Check?

How To Find Out If Your Business Name Is Available?

How to conduct Trademark Search Online India (IPIndia)

 How to Make Sure Your Proposed Business Name Is Available?

How to Do a Trademark Availability Search for Your Brand?

How to Amazon Trademark Search?

How to Find out If Your Business Name Is Available?

How can I check if a brand name is available in India?

How do I check to see if a business name is available?

How do I find my brand name?

How Trademark Search | Run a Free Trademark Search?

How Check your Brand or Trademark Availability in the?

How to Free Trademark Search | Search Trademark Name Online?

How to know whether a company is registered or not?

Where can I find if a brand name is trademarked?          

How to find out if a business name is already registered?       

How to check business name availability in India?          

How to register a brand name in India?       

How Check Company Name - Ministry of Corporate Affairs?

How to check if a brand name is registered in India?

How to get Free Trademark Search Tool?

Without wasting a time,  Lets jump into to conduct Trademark Search, i try to cover each & Every thing Related to How to Check if a Trademark is Already Registered or Not ?
 1. Brand Name ?
 2. Class no ?

In India Goods & services are classified as per International Classification of Goods and Services also known as the Nice Classification was established by the Nice Agreement (1957), is a system of classifying goods and services for the purpose of registering trademarks. Total number of goods & services are being classified into class 1 to 45 classes, in which class 1 to 34 are being classified for manufacturing of goods and from class 35 to class 45, for services provided by the service provider.

First and foremost a thing is to carry out an Conduct Public Search for Trademark Registration. so you should Hire a Professional Trademark Agent for proper Trademark Search and making a Trademark Application to Trademark Registry in India.  A detailed Trademark search gives a fair idea about similar/and identical Trade Mark cited in the Public Search, which helps in taking decision that where we have apply such trademark or not. This will confirm that your trademark is unique and protect you from later legal challenges. It will keep you from wasting time, money, and effort later on.
 Go to Google search engine & simply type Public Search

  

or Click on the this Link: Public Search 

Copy paste this url to the address bar:  

https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

This page will open

“Public Search.” Click this button to go to their online, searchable database.

  

This PUBLIC SEARCH page has 3 main categories which have been broadly classified into  three categories. They are Search Type, Word mark & Class. Choose the search type as — Word mark. Input the first 3 letters of your brand name in the word mark section and change the default choice of “Start With” to “Contains”. Input the class number in Class section. If you are not aware of your class number then check it on this link (http://euipo.europa.eu/ec2/) for Trademark Class details.
 Let’s check the search report for a random brand name NIKE in class 25. After making the data inputs as mentioned above, the page should look like this:

 

Here you will find Search Type: word mark (like in the above Screen shot)

Select Keyword type:      

                       
1. Start with

2. Contains

3. Match With

Our Brand name is:  NIKE

Class details: 25  (Ready made garments)
   

         

Enter your class number and then begin searching. Try to make sure that your chosen trademark does not generate any identical or similar names with your brand names which is proposed to be Applied. Good work!

 Although the Trademark Registry have provided a PUBLIC SEARCH access on its portal (i.e. www.ipindia.nic.in). General public can access this public search database and can check the Probability whiter one should apply that brand or not it depending on the public search result. The result of public search database plays a vital role for finalizing a brand name to begin with or not. It is highly recommended to ALL persons (includes individual, sole proprietor, company includes Private Limited and Limited Company, LLP, OPC, Partnership Firm, Trust, Society or legal entity) to before start any venture, business, consultants or service renderer to conduct prior trademark search before using any brand name for any venture, business, consultants or service renderer. it is the usual practice that ALL persons (includes individual, sole proprietor, company includes Private Limited and Limited Company, LLP, OPC, Partnership Firm, Trust, Society or legal entity) first they start their business with any brand name and the after some time they apply for trademark registration. Although Registration of a trademark is not compulsory. However, the registration is the prima facie evidence to establish the proprietorship of the trademark under registration.
   The availability of a brand name here before deciding to use it in the market. It can save up on all the investment made by you on a particular brand name and finding out that it belongs to someone else already! That would be the worst start to your business!

 Now, Although the Trademark Registry have provided a PUBLIC SEARCH access, it is not that easy to assure that your brand/Trademark will be registered through the search result provided by the same public search database. There are many Hurdles in the  Trademark Act, 1999 and Latest Rules 2017, even though in the Public search data result, where no cited mark or an exact/similar/identical match brand name with your brand name, in the database, will provide you trademark registration certificate.
  Any person (* includes individual, sole proprietor, company includes Private Limited and Limited Company, LLP, OPC, Partnership Firm, Trust, Society or legal entity) which/who can be claiming to be owner of the trademark can apply Trademark with the help of Intellectual Property Registry in India. Who can apply for trademark registration?
 A person* not doing any business or providing any service presently is also eligible to file trademark application and obtain trademark registration certificate on the basis of proposed to be used by any person*.
 Can I apply for a trademark myself?
 Yes, Any person can file a trademark and need not to appoint a Trademark Agent, especially when all the trademark act, 1999 and rules, 2017 are properly complied with a trademark Application to be filed. Any person without professional or specialized knowledge in trademark act, 1999 and rules, 2017. Who wants to get a trademark Registration Certificate, can apply trademark by himself. Only if the case is won, is the trademark granted by the Office/Court.
 Application can be filed online or offline. Once you file the Trademark Application for Trademark Registration in India, Received the Trademark Application Receipt, which Contains Application no, Dated, Proprietor code, Name of the Applicant of Trademark, one can start using “TM” symbol. You can now write “TM” on the Right Hand top corner inside the Circle prominently but don’t mark “R” till you receive the Registration Certificate/s. And the time frame to get Trademark Registration Certificate is 6 to 9 Months, Condition is that there should not be any Objection or Objection's raised by the Examiner of the Trademark and not any Opposition or Opposition's raised (within 4 months from the date of publication of the Mark in Journal) by the Third Party or parties, if any  Objection or Objection's raised by the Examiner of the Trademark then it will take time 18 to 24 months, if Opposition or Opposition's raised (within 4 months from the date of publication of the Mark in Journal) by the Third Party or parties then it varies case to case.
  Also, there are many tricks & tips to conduct Trademark search, here are few example  of it, in which you are allowed to check for the availability Trademark name/word mark, so which one is the right one? And, the public search database can only show you a result of numerous applications for the public search conducted by you, which is very difficult to draw a right conclusion  from it. Let me help you, out with the use of most reliable technique to use the open public search database and check the name availability or brand availability or Trademark availability online instantly.
 Okay! Let’s start. This the link (https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx) to the open access public search database provided by the Intellectual property registry in India.Here we are taking an example of PAN 40 (Pantoprazole oral tablet is used to reduce the amount of stomach acid your body makes) medicine we all use during the acidity. Medicine for human consumption is fall under class 5. 

So, Here Brand or Trademark or word mark is PAN 40 Class is: 5 Now we will visit the same site www.ipindia.nic.in for public search, process is same as earlier. The page will look like this when it loads:   Now, press the Search icon at the bottom and wait for the result to be shown. The search results page should look like the one shown below: That’s showing a result of Total No of Matching Marks: 4042. For a layman, It is very difficult to draw a right conclusion  from cited application's.
 As per our practical experience, most of the time this tricks doesn't work, to find the business name availability/ Check If a Trademark Is Already Registered/ to check a brand name’s availability/ To Check If A Brand Name Is Taken/ to check brand name availability for trademark/Choose your business name/ New Company Name Search/ To Find Out If Your Business Name Is Available/ Trademark Search Online India/to Make Sure Your Proposed Business Name Is Available or not/ to Do a Trademark Availability Search for Your Brand.
  For any queries and assistance on brand name availability for trademark please contact with us. For more Blogs on Trademark Registration or Intellectual Property Registry in Kolkata West Bengal. Please visit: https://sksinghassociates.com/blog

14 Best Examples of FAQs on Trademark Registration

14 of the Best Examples of Effective FAQ on Trademark Registration in India

1. How to Register Trademark Registration in Kolkata?
2. Where is Trademark Registration Office in Kolkata?
3. How does Trademark Registration Office works?
4. What are documents to be needed to Trademark Registration?
5. How Can i file Trademark Registration Online?
6. What is the Trademark Registration Process?
7. What is Trademark Registration Fees in India?
8. How much time taken for Trademark Registration India?
9. How to find Trademark Agent or Trademark Consultant who does Trademark Registration Near Me?
10. What is Trademark Registration Cost in India?
11. How to know the Trademark Registration Status?
12. How much a Trademark Agent charge their Professional fees for trademark registration in India?
13. How to file Trademark registration India online or offline?
14. What is name of the trademark registration form in India?

For More details on Trademark Registration in India. Please contact
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