About Trademark

Trademark is a recognizable sign, design or expression that helps in distinguishing the goods or services produced or provided by one entity from those of other entities. A trademark can be inform of distinctive words, letters, numerals, drawings, pictures, shapes, colors, logotypes, labels or combinations. A registered trademark becomes an asset for any business as it provides exclusive right of use to its owner. The owner can stop others from unlawful use; sue for damages and secure destruction of infringing goods and or labels.

Globalization has resulted in market expansion due to the fact that corporations are entering into different countries. A trademark should be registered well before as late action often results in counterfeiters / imitators or accusations/infringement charges from other traders. Such situations might result in severe financial liability. So it is always advisable to look at the global aspect of registering a trademark as it renders the company an exclusive right to commercialize its products in a particular market.

Some Advantages

  • Prima-facie evidence with respect to ownership of a trademark;
  • Becomes an asset for corporation who owns it and contributes to the goodwill generated;
  • Provide unique identity to subject product/service;
  • Stronger enforceable rights for preventing others from using the trademark; and
  • Trademark is a Licensable and assignable asset.

Different Trademark Symbols

  • 'TM': Used with brand name until trademark application is pending.
  • 'SM': Specific for service rather than a product, during application stage.
  • 'R': Used when mark is registered and the Certificate of Registration is issued.

Trademark Services (National and Global)

Trademark Search

The most important fact for a trademark is its uniqueness, it should be distinct. A logo or trademark should be designed by a graphic designer or Photoshop maker and it is recommended to get a search done before hand, so as not to overlap with something that’s already in existence. A trademark search analyst should be hired to verify the similarity of the trademark. The inputs with respect to similarity as provided by analyst may help in designing around and coming up with a distinctive mark. As they say “prevention is better than cure”; we say know what’s there before any possible refusal. Our trademark search analysts are well versed with national and worldwide trademark searches and have hands on expertise with respect to free and paid trademark search databases.

Trademark Registration

Registered trademark is an intangible asset which is registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India under the Trademark Act, 1999. An individual, proprietor, company, partnership firm, or any legal entity can apply for a trademark. It’s advisable to consult a legal representative before applying for a trademark. After the application process is complete, it may take up to 2 year or 18-24 months for getting a mark registered. Documents required for filing a trademark are Trademarkor logo copy; Applicant and company details; Products or services to be registered; Power of attorney; and First date of trademark use. Our firm has legal professionals who can guide you through the complete registration process and carry out the application process on your behalf in India and Globally.

Trademark Rectification

Trademark examiners at trademark registry, examine the filed trademark applications. In case any concerns are noted for a trademark application, examiner marks the application as Formalities Check Fail and requests the rectification of subject application. Here comes the importance of a legal representative, who understands the trademark registry’s requirements. Hence, applicant has to rectify and resubmit the trademark application in cases wherein, TradeMark Registrar has marked the application as Formalities Check Fail or Send Back to EDP. Trademark experts at AshmarIP can be resourceful in filing rectification deed with respect to examiner’s note. The experts prepare the deed after considering the reasons and facts due to which mark was not allowed for further processing. Rectification deed that correctly answers examiner’s concerns again starts the trademark registration process and proceeds to next step involving preparation of Trademark Examination Report.

Trademark Opposition

The trademark examination report may result in either advertisement before registration or an objection against registration of a trademark. In case of advertisement, any person in public can file an opposition to the registration of a mark, if the person thinks that registration of subject mark is not fair. If such opposition is filed, the trademark applicant has to file a counter reply within the specified time given by Trademark Registrar. In both the cases, whether an opposition to an advertised mark or counter reply to an opposition, an expert in the field may prove beneficial. A professional response is always advisable and our trademark experts have handled such queries with utmost priority within India and Abroad.

Trademark Objection

Trademark objection is the objection raised by Registrar after the completion of a trademark examination report. A written reply to the objection raised should be filed including the reasons,facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. This reply should address all the concerns raised in the examination report. A professional response that is legally correct increases the chances of getting the application published in the Trademark Journal, before registration. Our experienced legal experts have the capability of replying with utmost details and improving the possibilities of registration. The process may involve time to time responses that are time bound, hence the process involves a continuous status check and it is being done by our experts.

Trademark Renewal

The initial period of trademark registration is usually 10 years which can be renewed for a period of another 10 years. The application for renewal should be filed before the expiry of the mark.The process involves preparation of respective application form and its filing with the trademark registry. It is always recommended to file the renewal application form before deadline so as to enjoy seamless protection without any chances of litigation. Our trademark experts prepare and file the renewal applications on behalf of an applicant in a professional way and get the registration period extended as per the Trade Mark Act of respective country.

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Trademark Procedure