4A IP SOLUTION

A trademark is a mark or a slogan or a logo that signifies a brand name and identifies the goods and services of one person or organization and distinguishes them from those of others. A trademark can be a word, a sentence, a slogan, a logo, or a symbol that signifies a different identity of that product or service in the market. The protection of a trademark is such that once a trademark is registered, no one else can use such a trademark or anything similar thereto. Violation of trademark attracts legal consequences. It takes a proper blending of resources to build a brand and reputation and to protect such a brand, a trademark is essential because sheer advertisement doesn’t help. 4A IP Solution has a team of expertise and experience in the practice of trademarks and with such knowledge has been providing legal consultation to multinational companies and helping them in designing trademark development strategy and registering and enforcing the trademark globally through its international alliance.

Filing

The usual time taken to file a straightforward application for registration of Trademark by Trade Marks Registry is around 18-24 months. The Indian Trade Mark Office examines all documents as follow:

(a) filing requirements

(b) absolute grounds for refusal or

(c) relative grounds over the earlier identical or confusingly similar Trade Mark applications/registrations for the goods or services concerned within 10-12 months. In case the examiner finds it fit, he may register the trademark. In case of queries, the examiner issues an examination report and the applicant is supposed to respond to that within 30 days. Even after the response, the examiner decides against the applicant, the Trade Mark Registry hears the matter on the decided date. If the applicant makes the proper justification for his claims, the registry directs the concerned authorities to publish it for the opposition of the third parties in the official Trade Mark Journal. If no objection is received within 2-3 months after the expiry of the opposition’s filing period of notice, the application shall be registered.

Opposition

Any person concerned may file an opposition against the application of trademark within four months of its publication in the official Trade Mark Journal. In case of such opposition found, the registrar shall issue a notice of such opposition to the applicant and on receipt of such notice, the applicant is supposed to file the counter-statement for the grounds of his claims. The registrar, in this case, shall hear the matter from both sides, and considering their contentions and pieces of evidence, it shall make an appropriate order.

Filing Requirements:

Full name, Address, Nationality of the Applicant;
Description of the Trade/Service Mark;
In case the mark is stylized/logo, graphical representation of the mark;
A Power of Attorney signed by the Applicant or an authorized person of the Applicant, in the original. The same can be submitted after Filing as well;
Goods or Services to be covered under the mark;
If the mark has been in use, the exact date since when the mark has been in use.

Renewal

Under the Indian Trade Marks Act, 1999, registration of a Trade Mark is valid for ten years and it can be renewed time and again. A renewal application can be filed not more than six months before the expiration of the last registration of the Trade Mark. The mark may be removed from the registrar in a case when a renewal application is not filed after receiving notice from the registrar. The mark may be renewed within one year from the expiration of the last registration at the discretion of the Registrar.

Trademark Filing