Trademark registration in India and Trademark registration online (FAQ)

Trademark registration in India is done by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and and Industry, Government of India. Trademark registration in India is very important. Here’s all the questions answered-

1.What are the advantages of having a trademark registration in India and is trademark registration online?

Ans. a) Evidence that you are the owner of a trademark.

b) Gaining important asset for your business entity or firm which adds to its value and goodwill already generated.

c) Gives your company legal protection and strong rights for enforcement in case any other entity infringes your trademark, in connection to the goods/services.

d) Trademarks can be sold, assigned or licensed and its registration usually encompasses the entire territory of India.

Yes, it is online.

2. If my company name is already registered under the Companies Act, should I still go for trademark registration of my company name or trade name?

Ans. Trademark registration in India give monopoly rights and ownership in contrast to registration of company names, business names or domain names. Hence, trademark registration in India will be useful in the long run for a business.

3.Is there a way to figure out whether a trademark or a brand name has already been registered in India?

Ans. The Indian Trademark Registry database has a search option which can indicate if there are any marks similar or deceptively similar to your trademark in India. The search for trademark can be conducted in the official Trademark registry website in India. Here’s the link –

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

4.What is the difference between trademark registration in India and copyright registration in India case of a ‘logo?’

Ans. Both the Trademarks Act and the Copyrights Act can protect a logo.

Trademark registration in India helps you collect protection or security for the brand name and also gives a certain amount of protection to the way in which the trademark is represented. But there is a catch here. If you require exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. A limitation of copyright registration in India is that it does not provide any protection for the brand name.

5.What is the validity of a trademark registration in India?

Ans. A trademark is valid for a period of 10 years from the date of application. Tademark registration in India can be renewed for an indefinite period if the renewal fees are paid every 10 years.

6.How much time does it take for trademark registration in India?

Ans. Trademark registration in India is a long process. It takes around 1.5 or 2 years to obtain registration in a straight-forward case, without any objection or oppositions. However, the trademark application is usually issued after 1 or 2 days from the date of filing.

7.Is the usage of ® symbol allowed?

Ans. Yes, you are allowed to use the registered symbol aligned next to your trademark once your trademark registration is done and the registration certificate issued. Using this symbol to falsely claim or deceive someone is an offence, with penalty, if one intends to show that his/her trademark is registered. Till the time registration of trademark is pending, you can represent your trademark with the letters ‘TM’ to show that you claim legal rights over your trademark.

8.Why does the status of my trademark application say “Send to Vienna Codification?”

Ans. “Send to Vienna Codification” denotes that your trademark registration process is in the initial stage. As a part of the trademark registration process, if a trademark consists of figurative elements or logo, it is assigned a Vienna Code by the Indian Trade Mark Registry. This is the very initial or the first step taken by the Indian Trade Mark Registry where the trademark consists of a figurative element or a logo. The Vienna code is assigned on the basis of the nature of the figurative element or logo. The link below captures as to how figurative elements/logos are codified according to the Vienna Agreement.

http://www.wipo.int/classifications/nivilo/vienna/index.htm#

Vienna codification enables trademark searches for artwork or logo. Once the Vienna codification is completed, the status of the trademark application is usually converted to Formalities Chk pass or Formalities Chk fail. The word ‘chk’ here means check.

9.Why does the status of my trademark application show “Formalities Chk Pass” when doing trademark registration online?

Ans. It is in the initial stages of the trademark registration process where the status shows Formalities Chk pass on the Trade Mark Registry website. The trademark registry usually does the job of checking if the basic requirements have been met or not. This may include a) whether the POA has been uploaded, when it is filed through an agent and b) whether appropriate translation/transliteration has been duly filed when the trademark is in a language other than English or Hindi. When these above mentioned basic requirements are not complied with, the status of the trademark application could be displayed as “Formalities Chk Fail.”

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10.Why does the status of my trademark application show “Formalities Chk Fail” when doing trademark registration online?

Ans. It is in the initial stages of the trademark registration process where the status shows Formalities Chk fail on the Trade Mark Registry website. The trademark registry usually does the job of checking if the basic requirements have been met or not. This may include a) whether the POA has been uploaded, when it is filed through an agent, b) whether appropriate translation/transliteration has been duly filed when the trademark is in a language other than English or Hindi or c) filing in wrong class. When these above mentioned basic requirements are not complied with, the status of the trademark application could be displayed as “Formalities Chk Fail.” Hence, reasons for the formalities objection must be ascertained and action must be taken to proceed with the trademark registration online.

11.Why does the status of my trademark application display “Marked for Exam” when doing trademark registration online?

Ans. When the status is displayed as “Marked for Exam”, it means that the trademark application has been assigned to an examiner which would be examined if it could be registered under the various sections of the Trademarks Act. After that, an examination report is issued which either accepts the trademark for publication or raises an objection for it to register. At this stage, the applicant must wait for the examination report to be finally issued.

12.Why does the status of my trademark application display as “Exam Report issued”/”Accepted” when doing traemark registration online?

Ans. When the trademark registry displays the status “Exam Report Issued” or “Accepted”, it means that the trademark application has been accepted and ordered for publication in the Trademarks journal before registration. The registry uses this status when the examiner does not raise any objections on the trademark application regarding registration of the trademark or when the objections are overcome by the way of writing or hearing. The applicant is not required to do anything during this stage unless the application does not go ahead for publication in the journal.

13.Why does the status of my trademark application show “objected” when doing trademark registration online?

Ans. When the trademark registry displays the status of the trademark application as “objected” it means that the examiner has some issues or objections regarding the registration of the trademark. The examination report that lists down all the objections can be viewed in the Trademark registry website.

14.How can you overcome these objections?

Ans. To overcome the objections listed in the examination report, a written response needs to be filed before the trademark registry within a month’s time from the date of receipt of the examination report. If you fail to do so, the trademark application may be designated as abandoned by the registry. If the examiner is not satisfied with the written response then a hearing is allotted for the applicant to put forward his arguments in person.

15.Why does the status of my trademark application show as “Advertised before acc” or “Advertised” or “Accepted & Advertised?’

Ans. When the trademark registry shows the status as “Advertised before acc” or “Advertised” or “Accepted & Advertised”, it means that the trademark application has been successfully advertised or published in the trademarks journal.

16.Why does the status of my trademark application show as “opposed” when doing trademark registration online?

Ans. When the trademark registry shows the status as “opposed”, it means that a third party has filed an opposition to the registration of your trademark to the registry, or to you, or to the agent. To counter the opposition, a statement must be filed within 2 months from the receipt of notice. If the applicant fails to do so, his/her trademark application will be abandoned and cannot be revived. It is to note that no extension of time can be granted for filing the counter statement.

17.Why does the status of my trademark application says “Send Back to EDP” when doing trademark registration online?

Ans. The status of the trademark application is shown as “Send Back to EDP”, when there are errors in the data entry of application which needs to be sent to the EDP section for it to get rectified. This can also happen when the documents were not digitized in a proper manner. The status would remain the same until the issues are solved by the EDP section.

18.Why does the status of my trademark application show as “Send to PRAS” when doing trademark registration online?

Ans. The full-form of PRAS is Pre-Registration Amendment Section. This section deals with all amendments which have been filed before the registration such as, amendment of proprietor details, address, specification of goods etc.

Trademark registration in India is important for any business as it protects a business entity’s brand or logo, and disables infringement of the same by its rivals or third-party competitors. The process of trademark registration can be done online on the website of the Trademark registry website which also contains the database of all trademarks issued. It is important to understand that the validity of the trademark registration which is 10 years and renewing it to avail its legality and protection. The meaning of various terms are explained in brief to understand the process of how trademarking is issued in India.

For further suggestions over this refer Company Vakil experts .

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