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Trademark
A Mark, Name, Logo, Brand name, Tagline, etc. which gives a distinct identity to your business and helps you give a competitive edge from your competitors, and if you want to secure/protect it from unauthorized Use, Trademark Applications is the way out!
Protection for the Marks, Business name, Brand Name Such as e.g., Nike, Mercedes, Hyundai, Tata, etc. are done by Trademark Application Filing. Utility patent will protect cycle's functionality.
A Trademark is initially granted for 10 years from the patent application filing date, but it can be renewed indefinitely.
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Trademark
A trademark is a unique symbol, word, phrase, logo, design, or combination thereof that identifies and distinguishes the goods or services of one entity from those of others. In India, trademarks are governed by the Trade Marks Act, 1999, and administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
Trademark Registration Process in India
Trademark Search – Preliminary check for similar existing marks on IP India Public Search.
Filing the Application – Online via IP India portal or offline at Trademark Registry.
Forms: TM-A (new application), TM-M (modification), etc.
Examination – Registrar examines for distinctiveness and conflicts.
Objection (if any) – Applicant can file reply and attend hearing.
Publication in Journal – For third-party opposition (4 months).
Opposition (if any) – Must be filed within 4 months (Form TM-O).
Registration – If unopposed or opposition is decided in applicant’s favor.
Certificate Issued – Valid for 10 years, renewable indefinitely.
Types of Trademarks in India
Word Mark – Brand names like TATA, AIRTEL.
Device Mark – Logos and images (e.g., Apple logo).
Color Mark – Distinctive colors or combinations (e.g., purple for Cadbury).
Shape of Goods – Unique shapes (e.g., Coca-Cola bottle).
Sound Mark – Audible signs (e.g., Nokia tune).
Scent Mark – Rare, but in principle registrable if distinctive.
Collective Mark – Used by members of an organization (e.g., CA for Chartered Accountants).
Certification Mark – Signifies quality standards (e.g., ISI, AGMARK).
Term and Renewal of Trademark
Initial validity: 10 years from the filing date.
Renewal: Every 10 years via Form TM-R, within 6 months before expiry.
Grace Period: Additional 6 months with surcharge for late renewal.
Trademark Rights and Benefits
Exclusive right to use the mark.
Right to initiate legal action for infringement.
Licensing and franchising opportunities.
Enhances brand recognition and goodwill.
Basis for international filing via Madrid Protocol.
Trademark Infringement vs Passing Off
Infringement: Violation of registered trademark rights.
Passing off: Misrepresentation causing damage to unregistered trademark
What Cannot Be Registered as a Trademark?
Generic or descriptive terms (e.g., “Cold” for a beverage)
Deceptive, scandalous, or obsecene marks
Marks identical or deceptively similar to existing ones
Names/emblems under the Emblems and Names (Prevention of Improper Use) Act, 1950
Marks prohibited under international conventions (e.g., Red Cross)
International Trademark
India is a member of the Madrid Protocol, enabling Single international application through WIPO and Extension of Indian trademarks abroad, or vice versa.
Trademark Objection/ Rejection
A trademark objection is a preliminary refusal issued by the Trademark Examiner during the examination phase of a trademark application. It does not mean rejection, but indicates that the application requires clarification, amendment, or justification before it can proceed to registration.
Why Does a Trademark Get Objected?
After a trademark application is filed, it undergoes examination by the Registrar. If any issues are found, the examiner issues an examination report, often under Section 9 (absolute grounds) or Section 11 (relative grounds) of the Trade Marks Act, 1999.