A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.
Procedure For Filing A Trademark
The process for registration of the trademark begins with a trademark search. We can help you conduct a trademark search to find marks/logos across classes. The Government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the trademark search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.
In most cases where the mark is unique, on filing the trademark application, the Learned Trademark Examiner would verify all details and approve for the publishing of the mark in the Trade Marks Journal. When the mark is published in the Journal for duration of four months, any person or entity would have the opportunity to oppose registration of the mark during this opposition period. If the mark is not opposed, then the trademark is accepted and the Registration Certificate is issued to the applicant with a validity of 10 years.
In case there are any objection on similarity and distinctiveness of the mark, then the process for registration could be lengthy and costly – involving various legal procedures and hearings. If there are similar marks and/or objection of distinctiveness, then the process could include objections and hearings – based on the Examiners decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application or the mark is non-distinctive and descriptive, he/she will issue a notice of objection. The objection notice must be responded within 30 days upon receipt. On responding to the notice, the mark will be accepted if the Learned Examiner is satisfied with the written submissions. If not, a Hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case your trademark application is objected by the Trademark Examiner, Our professional team can help you with filing an objection reply or appearing on your behalf at hearings – at a nominal additional cost.