Simple steps involved in registration of Trademark in India - PowerPoint PPT Presentation

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Simple steps involved in registration of Trademark in India

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Title: Simple steps involved in registration of Trademark in India


1
Simple steps involved in registration of
Trademark in India
  • This blog helps you a lot to know about the
    simple steps involved in the registration of
    trademark and also the procedure for filing
    through online.

2
  • Chiefly, trademark is identical sign, design or
    simple expression which helps to identify
    products or services of a particular company form
    those of other competitors.  It is nothing but a
    name or symbol that a company uses on its goods
    or services and cannot be legally used by some
    other company. Trademark registration protects
    the rights of the owner over its products, sign
    and design etc. In thus blog, we will discuss
    briefly about the simple steps involved in the
    registration process.

3
Simple benefits of Trademark registration
  • Trademark registration is used for the purpose of
    protecting a word, symbol, brand name or logo of
    a company or any business enterprises. A
    registered trademark is an intangible asset for a
    business and it helps to gain good name among the
    customers. It also helps to protect the companys
    investment through brand or symbol.

4
  • THE BENEFITS OF TRADEMARK REGISTRATION ARE
  • 1) Exclusive Rights  Trademark
    registration gives an exclusive right to the
    owner of the mark to use the mark in respect of
    the goods or services. A registration allows the
    owner to sue for infringement.
  • 2) Security  A registered trademark can be
    guaranteed as security to obtain loan facilities.
  • 3) Initiation of Legal Proceeding- Registered
    trademark gives simple legal rights to the owner
    to initiate legal proceedings against infringers
    those who infringe brand, logo, sign etc.

5
  • 4) Deterrent  A registered trademark restricts
    or warns other traders or enterprises from using
    similar and identical trademarks
  • 5) Right to use the symbol  Once the trademark
    is registered, then the symbol or simple word
    registered can only be used for the goods and
    services mentioned in the registration.
  • 6) Foreign territories  A trademark which is
    registered can be used as a basis to obtain
    registration across globally, facilitating
    protection of the brand worldwide.

6
What cannot be registered as trademark?
  • Trade Marks Act, 1999 of sections 9 and 11 give
    the grounds for refusing a trademark. Section 9
    mentions the absolute grounds and section 11
    mentions the relative grounds for refusal.

7
  • Devoid of distinctive Nature  The sign of an
    item or administration which isnt of an
    unmistakable sort would not be a trademark. The
    enrolment of unmistakable trademarks is precluded
    under Section 9(1) (b) of the Trade Marks Act,
    1999 except if they are particular.
  • Names or Surnames  Names or surnames cannot be
    registered as trademark in India if they do not
    possess a distinctive character. Also, if such
    names are used falsely, then they will not get
    the status of Trademark at any cost.
  • Numerical  Numbers cannot be utilized as a
    trademark. In specific cases, the courts in India
    have reasoned that numbers do not have a
    particular nature connected to them,
    consequently, not fitting the bill to be a
    trademark.

8
  • Geographical Location Geographical locations
    cannot be used as trademarks or in logo or as a
    brand name. In Imperial Tobacco Company of India
    Ltd has listed that the trademark Shimla where
    the name is composite in character. It is a
    notable hill station of India. Its geological
    implication is, subsequently, plain and clear.
  • Colour  The Trade Marks Act does not refuse the
    usage of colour. In any case, Indian Registry and
    Courts dont incline toward utilizing hues as
    trademarks, for the reasons that the accessible
    stock will be drained and the courts will be
    heaped up with cases.
  • Sound simple Melodic notes as melodic
    documentations are acknowledged as trademarks in
    India, yet clamors, for example, pooch woofing
    cannot be a trademark.
  • Smell  Smell cannot be registered
    as Trademark in India. It is difficult to
    distinguish between different smells.

9
Trademarks vs. Copyrights
  • The most frequently confused intellectual
    property rights are copyrights and trademarks. So
    if you are in the business of creating unique
    goods in the stream of commerce, it is very
    essential to know the difference.
  • Copyrights and trademarks protect distinct
    creations. Generally, Copyrights protect creative
    or intellectual works, and trademarks can be
    applied to names, phrases, and logos. Copyrights
    protect the rights of people who create literary,
    musical, artistic dramatic and certain other
    intellectual works like history tests, and other
    software code. Trademarks protect the use of a
    companys name and its product names, its brand
    identity like logos and its slogans.

10
CAN I TRADEMARK A BUSINESS NAME? 
  • Steps for Trade marking a business name
  • Check the name in the trademark, to make sure no
    one else in the state is using it. 
  • Then, if no one else use the name you want to
    use, then register your business name with your
    state. If you are forming a new business as a
    corporation, partnership or LLC, your business
    name is registered automatically as part of the
    business registration. 
  • After all this, you might want to consider
    trademarking that name. Moreover, not all
    business names cannot be trademarked. There are
    some specific criteria for trademarking the
    business names.

11
IS THERE ANY NEED FOR ATTORNEY TO FILE A
COPYRIGHT OR TRADEMARK APPLICATIONS?
  • Both the Copyright and trademark registry have
    online services that allow you to register a
    copyright or trademark by yourself. But having
    an attorney help to you is advisable
  • An attorney can do more research on the
    databases, make sure you are not using a
    trademark or copyrighting something someone else
    has first claim to.
  • IP attorneys know how to go smooth through the
    process to get a trademark or copyright
    registered faster, and
  • An attorney with knowledge of your business and
    IP law can help you if you need to file a lawsuit
    against someone for violation of your copyright
    or trademark.

12
Trademark Vs. patent
  • A patent is an intellectual property right
    relating to an invention, granted by the Patent
    and Trademark Office in exchange for public
    disclosure of the invention. Some of Patent able
    materials include machines, industrial processes,
    manufactured articles and chemical
    compositions.  The duration of patent protection
    depends upon the type of patent approved 
  • Design Patents 15 years from issuance
    for applications filed on or after May 13, 2015.
  • Utility patents and plant patents  It is for 20
    years from the date on the application for the
    patent was filed
  • The requirements for trademark are not as strict
    as those required to qualify for a patent.
    Trademarks offers the owner simple exclusive
    right to use certain images and phrases, and the
    right to prevent others from using a similar mark
    that would create confusion among consumers.

13
WHY IS TRADEMARK VS. PATENT IMPORTANT?
  • Its important to know about the trademark or a
    patent or both. Its also important that a
    business owner understands the differences and
    applies for the correct one. Applying for a
    trademark when you are in the need of patent or
    vice versa, wastes time and money. Going through
    the process of filing an application for either
    takes a while, although a patent application
    takes longer.
  • FILING FOR A PATENT
  • Search for existing patents to make sure that
    your idea not exists already
  • Fill out the correct patent application like
    utility, design, or plant and file it with the
    USPTO.
  • If you are submitting a design patent, you should
    choose to hire an experienced design patent
    drafter. The application requires a specific
    format and all views of the item from every
    angle.
  • Track the status of your application through the
    USPTO website.
  • Once you received the approval, you can add the
    patent number to your product, marketing
    materials, website, and any other medium.

14
Simple Requirements of Trademark registration
  • The following details are required for filing the
    Trademark Application form for trademark
    registration.
  • 1. Name of the Applicant whether
    individual/company/proprietorship
    firm/trust/partnership filing the application. In
    case of, joint applicants or partnership details
    of all the applicants
  • 2. Address of Applicant filing the application.
  • 3. Nature of the entity filing the application
  • 4. Nature of products or services for which
    the trademark is used.
  • 5. Nature of your business whether he is a
    Manufacturer/ Trader/ Service provider.
  • 6. If the mark is already used, then the date
    since when the mark has been in used in India.
  • 7. Date of the first commercial use of the mark
    across the world.
  • 8. A copy of the mark/logo for which trademark is
    sought.
  • 9. Form TM-48 duly signed by the Trademark
    Attorney.

15
Steps involved Trademark registration process
  • Below are the simple steps for E-filing of
    Trademark Registration Process in India
  • Register on trademark office portal
  • The first and the foremost step to register on
    the trademark office portal. In post registration
    the user can login either using user ID or
    through digital signature.
  • Trademark search           
  • The initial process before registering for the
    trademark is to search whether the business name,
    brand name or logo is similar to already
    registered trademarks. The search can be
    performed at trademark search portals available
    in the website.

16
  • FILING OF TRADEMARK APPLICATION
  • Once a trademark search is done, then the
    application for trademark registration should be
    filed with the Trademark Registrar. The
    application for registration of the trademark
    should done in the prescribed manner along with
    all the necessary documents and filed with the
    prescribed government fee for TM registration.
    Once if the application is filed, the applicant
    can start using TM mark over the trademark.
  • Once the TM application is filed and a receipt is
    generated the application is categorized as a new
    application, the trademark department reviews
    those application and otherwise, issues a
    clarification.
  • EXAMINATION OF TRADEMARK APPLICATION
  • Examination of application is done by the
    examiners of TM and if the application is
    advertised in trademark journal. However the
    application may be processed as objected either
    under absolute grounds for refusal or through
    relative grounds for refusal as prescribed in The
    Trademarks Act, 1999 and an examination report is
    issued accordingly. The objection must be
    resolved within prescribed time period of its
    communication to the applicant.

17
  • SHOW CASE HEARING
  • A hearing is scheduled by the examiner if he is
    not satisfied with the trademark objection reply
    that are filed. The notice will be issued to the
    address of the application in addition to
    uploading same to the portal. The applicant needs
    to appear in person or with the trademark
    attorney to put before the grounds of application
    and request to pass the application to next
    stage.
  • Publication of Mark in Trademark Journal
  • The trademark is published in the Trade Marks
    Journal, after examination. Within four months of
    the publication of the trademark, the application
    will be processed by the Registry if there is no
    opposition raised by Third party. In case there
    is an opposition filed by the opponent, hearing
    process will be conducted by Registrar to make
    notice of sufficient grounds from both the
    parties to establish their claims. Considering
    the facts of the case and all the supporting
    documents, the Registrar makes decision in favour
    of either party to the case.

18
  • TRADEMARK REGISTRATION CERTIFICATION
  • Once the application proceeds for trademark
    registration, following publication in Trademark
    Journal, a registration certificate under the
    seal of the Trademark Office is issued. The
    details of the Registered Trademark can be
    entered into the Central Register of Trade Marks
    maintained by the Trade Marks Registry.
    Registered trademark symbol R can be used once
    the certificate is received by the applicant.
  • The whole process of online trademark
    registration usually takes nearly 12-18 months.
    The trademark once accepted and registered, it is
    valid for a period of 10 years from the date of
    Application filed with Trademark Registry. After
    the end of 10 years, the trademark needs to be
    renewed by filing a Renewal Application under
    TM-R along with the prescribed fees. However, if
    the Trademark registered is not renewed before
    six months of its expiry then it will be removed
    from the register of Registrar.

19
CONCLUSION
  • Although the online trademark registration
    process in India is complex and time taking
    procedure, the Government has taken few steps to
    fast track the process. In addition to same,
    Government has also introduced provisions for
    granting rebate to the applicants falling under
    category of Micro, Small and Medium Enterprises
    along with Start-ups registered with Government
    of India.
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