Trademark Registration In India

“A Trade Mark is a company’s persona and identity in the marketplace”

Trademark Introduction - 

Since intellectual property rights (“IPRs”) are territorial in nature, it is imperative, in a global economy, to ascertain and analyze the nature of protection afforded to IPRs in each jurisdiction. There are well-established statutory, administrative, and judicial frameworks for safeguarding IPRs in India. Trademark laws in India are governed by The Trademarks Act, 1999 and The Trademark Rules, 2017.

Trademark defined under Section 2 (zb) of the Trade Marks Act, 1999 as, "trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours." A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any such combinations.

Trademark Search -

It’s easy to file a trademark, however, the selection of trademark is equally a knack. With so many brands across the market, it becomes a task to select a trademark which is not only appropriate but also unique, dynamic and distinctive. Therefore, it is always advisable to conduct a pre-filing trademark search to avoid future objections and conflicts. One can easily have an opinion on the registrability of their proposed mark and get their trademark application submitted with the help of any Advocate or registered trademark agent. 

Benefits of Filing Online -

With an advent of IP regulations in India, the trademark application can be easily submitted online via prescribed online form along with prescribed fee which also is submitted online. The online trademark filing is not only simple but also fast and attracts less official fee comparatively to physical submission of application.

After Filing -

After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 3-6 months. The Examiner might accept the trademark absolutely, conditionally or raise any objections on absolute grounds under section 9 and relative grounds under section 11(1) of The Trademarks Act, 199. The objections are usually based on a lack of distinctiveness and deceptive similarity.

If or No - 

If accepted unconditionally, the trademark gets published in the Trademark Journal.

If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfil the conditions or respond to the objections.

What if Accepted or Not - 

Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the Examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.

All About 4 Months -

The step of publication is incorporated in the trademark registration procedure so that anyone who objects to the registration of the trademark has the opportunity to oppose the same within 4 months from the date of publication of trademark in Official Journal. If, after 4 months from publication there is no opposition, the trademark proceeds for registration.

In case there is opposition; the applicant can submit the counterstatement within 2 months from the date of the receipt of the notice of the opposition. Post submission of a counter statement, both parties (Opponent and Applicant) are required to submit Evidence with Affidavit in support of preliminary arguments made in Notice of Opposition/Counter-Statement respectively or they may rely on the grounds made therein. The Registrar may list the Opposition matter for a hearing and pass the necessary orders to conclude the Opposition proceedings.

Finally Issued - 

Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.

Timeline-It takes approximately 18-24 months from the date of filing of an application to mature into a registration.

Term- The trademark is protected for Ten (10) years and can be renewed perpetually after every 10 years.