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?

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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?

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How do I find my brand name?

How Trademark Search | Run a Free Trademark Search?

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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?       

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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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Trademark Registration | Public Search, Form, Fees, Documents

A. Form

TM-A will be filed for Trademark Registration in India

B. Fees

For Sole proprietorship or Single Firm

For Sole proprietorship or Single Firm Government Fees is ₹ 4500

Trademark Registration of Partnership Firm

Trademark Registration under one class for Partnership Firm having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 4500

Trademark Registration under one class for Partnership Firm NOT having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 9000  

Trademark Registration of Private Limited Company

Trademark Registration under one class for Private Limited Company having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 4500

Trademark Registration under one class for Private Limited Company NOT having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 9000  

Trademark Registration of One Person Company

Trademark Registration under one class for One Person Company having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 4500

Trademark Registration under one class for One Person Company NOT having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 9000  

Trademark Registration of Trust

Trademark Registration under one class for Trust having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 4500

Trademark Registration under one class for Trust NOT having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 9000  

Trademark Registration of Society

Trademark Registration under one class for Society having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 4500

Trademark Registration under one class for Society NOT having MSME Registration Certificate or Start-up Recognition Certificate. Government Fees is ₹ 9000  

C. Details | Documents | for Trade Mark inIndia

Name of Applicant/ Proprietor:-              

Address of Place of Business:-  

Nation:-              

Trading As:-       

Trade Description (Manufacturer/Services provider):-   

Select Legal Status of Company/Firm     

Date of use:

If new business then :- Proposed to be used

Else:- Date of Use in DD/MM/YYYY (Supported with user Affidavit & evidence of use)   

Description of goods you manufacture/Services provided           

Class No:-           

The Trade/WORD /Logo (in JPGE Format) /Mark which is supposed to be filed   

Note: trademark Logo size not exceeding 8 cm x 8 cm   

Documents Required for Trade Mark inIndia    

For Proprietorship Business:-

1. Pan Card

2. Aadhar card /Voter Id Card

3. Email id & Mobile No

4. GST Registration No. or Certificate if available               

For Private Limited Company/Limited Liability/One person Company/ Partnership Firm:-

1. Pan Card of Company/LLP/OPC/ Partnership Firm

2. Pan card of All director’s/ Designated Partner’s/ Partner’s

3. Aadhar card/Voter Id Card All director’s/ Designated Partner’s/ Partner’s

4. Email id & Mobile No

5. GST Registration No. or Certificate if available

6. Certificate of incorporation    

For more Blogs on Trademark Registration. Please visit: https://sksinghassociates.com/blog

Trademark Registration in Kolkata is Jurisdiction of Bengal

Intellectual Property Registry in Kolkata West Bengal is the Jurisdiction of following States

1. ARUNACHAL PRADESH

2. ASSAM

3. BIHAR

4. ORISSA

5. WEST BENGAL

6. MANIPUR

7. MIZORAM

8. MEGHALAYA

9. SIKKIM

10. TRIPURA AND UNION TERRITORY OF NAGALAND

11. ANDAMAR  & NICOBAR ISLAND

12. NAGALAD

Proven Benefits of trademark That You Canot Ignore

Top 10  benefits of trademark registration in India

1) Protect Brand Value, Builds trust & optimize Goodwill

The established brands are known by the trademark and which optimize trust and goodwill among the customers in market. It helps in retaining the existing customers and attract the new clients or consumers for the same.

2) Gives you exclusive ownership right

The Registered proprietor of Trademark enjoys exclusive ownership right over the trademark. The Registered proprietor can enjoy the sole ownership of the Trademark and can restrict the unauthorized use of the Trademark. It provides the legal right to sue the unauthorized user of the Registered Trademark.

3) Creation invaluable Intangible asset

The ensures the same, unchanged quality and the origin of the product and services are known by everyone through the trademark and which optimize trust and reputation among the customers. It helps in maintaining Sustainability among the customers. Registration of Trademark creates an invaluable Intangible asset  ( in simple language An intangible assets are those type of assets which can't be touched or seen; Examples are patents, copyright, franchises, goodwill, trademarks, and trade names Registered Intellectual Property can be sold, assigned, licensed, transmitted,  franchised or commercially contracted.

4) Differentiates Product or services 

Trademark makes it easy for customers to find products or services. It makes products or services distinguish from that of the existing and foreseen competitors and acts as efficient commercial tool. The device, logo, label can communicate your vision, quality or unique characteristic of your company.

5) Recognition to product’s Quality or service

The ensures the same, unchanged quality and the origin of the product and services. Customers attach the product and services quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new.

6) The Registered proprietor of Trademark can Use ® symbol over the Trademark

Once the trademark is registered,  The Registered proprietor of Trademark can Use ® symbol over the Trademark, the symbol indicates that trademark is registered and no one can use the same trademark without permission. 

7) Protection against infringement

No one can use the registered trademark without the permission of  Registered proprietor of the Trademark. Use of registered trademark Without the permission of  Registered proprietor of trademark or Use of any deceptive, similar, identical use of trademark, the Registered proprietor can take legal action as per the Trademark Act and stop the person from doing so.

8) Protection for 10 Years at low cost

Online Trademark application is cost effective. Once you register the trademark you have to just renew the Registered mark timely. Renewal of the trademark is cost efficient and helps to create an unique identity.

9) Prior user or priority claim for trademark Registered in India can be claimed while making Global Trademark Registration

If the Registered proprietor wishes to register the trademark in any country except India, in that situation the Registered proprietor can claim Prior user or priority claim for trademark Registered in India on the basis of registered in India.

10) Attract new Consumer's, customers or clients

It creates the positive impression of the organisation and thus new Consumer's, customers or clients attract easily.

For more Blogs on Trademark Registration. Please visit: https://sksinghassociates.com/blog 

How to Check Your trademark is available 6 Easy Ways

How to check if a trademarkis available in India?

Trademark Search in India, visit the trademark search at link: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Select
Word mark
start with
contains with
Match with
Enter the word mark you would like to search the trademark database with.
Enter the class of trademark that is applicable.
Click search to begin the trademark search.

To Know How to check if a trademark is available in India?. Please contact with S K SINGH & ASSOCIATES or write to us at info@sksinghassociates.com