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Before the Advent of new TM rule, 2017, there were separate applications which had to be filled for each of the below mentioned Types of trademarks and there were separate forms for single class and multi-class applications, also depending upon whether priority was claimed or not. The type of the application would depend upon factors like the type of mark that is to be filled, single or multi class, priority or not, an application could be fro-

Normal Trademark- A normal Trademark Application to be filed for a word, Device or any other combination thereof.

Certification Mark- A certification mark is defined under Section 2(e) of the Act, “Certification Trademark” means a mark capable of distinguishing the goods or service in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of service not so certified and registrable as such under chapter IX in respect of those goods and services in the name, as proprietor of the certification trade mark, of that person. In short it is a mark certifies the characteristics like quality, origin etc of other goods or services. Example ISI mark.

Collective mark- As the name suggests, where a mark belongs to a collective group or association of persons it is called as collective mark. Example Confederation of Indian Industry (CII).

Series mark- Where the trademark applied applied for, is in the form of a series. In other words, the primary element of a mark might be used used/ intended to be used in several forms/ways by the proprietor and instead of filing separate applications for each, it is possible to file them as a series. For example, McDonalds has series mark incorporating the term “MC” +Like Mcchicken, Mc Cafe, MS Donuts etc.

Currently all the above applications could be filed under form TM -A.

Generally a Trademark application can be filed on the following basis-

Indian Application- this is the Application form directly filed in one of the IP offices in India and also Online Application can be filed.

International Applications- India Acceded to the Madrid Protocol and with effect from July 8, 2013 it is possible to designate India in an international application. Similarly it is also possible to file online an international application under the Madrid Protocol throgh the Indian Trademark Office.

Trademark objection and Trademark Opposition are two different things where trademark opposition is raised by the Registry itself after seeing the Deceptively similar Trademark Under Section 11 or Section 9 of the Trademarks Act, 1999, whereas Trademark opposition is raised by the third party when Brand name is published in a journal after accepting the Trademark by registry then for three + one month it is open for third parties to raise opposition if they find that Trademark to be deceptively similar with their Trademarks or there is a chance of causing confusion amongst the consumers then third parties can raise opposition by filing TM-O form followed by the prescribed fees.

Trademark objection is a part of Trademark examination process. In this process trademark examiner examines your trademark examination and issues Trade,mark examination report against your mark. In most of the cases objection is being raised by the registry whose reply is to be given within the specific time i.e. within 30 days calculated from the date of issuance of the examination report. Whereas trademark opposition is filed by the Third party, and it is mainly done after the advertisement of the acceptance of the mark, from the Trademark registry in trademark Journal.

What is Trademark objection?

Trademark objection is a form of preliminary negation which is issued by a Trademark examiner after examination of the trademark Application and which is raised by the registry on the mark which is deceptively similar or having lack of distinctiveness with the already registered mark. These objections are very common which is raised by the registry in almost every Application but can be clear by giving the proper representation before the Examiner.

For better guidance to clear Trademark objection it is recommended to take advice or hire a professional or trademark Attorney to represent your case, unless you know what you are doing. It is advised not to use sample format which is available online as it may result in rejection of your Trademark a sit does not give good impression in the mind of the registrar. It is advised to respond the Trademark reply within 30 days.

What is trademark opposition?

Trademark opposition is a legal proceeding which is instituted by Third Parties. It is like stealing or using somebody’s exclusive right or idea. It is to be raised within three months of publishing in a journal. Opposition is a third party action done by people having genuine interest in the Trademark or by a person who feels that Trademark Registration of that Trademark would be the decorum, market, or any affect related to the business of that person.

Opposition is the activity which is being increasing and easier than ever before. In case you applied for a Trademark, even though a Trademark examiner reviewed and approved it. Trademark opposition is a serious matter which should be kept in mind while registering a Trademark. Oppositions can sometimes lead to accusations and claims of infringement and monetary damages.

In case Trademark of an applicant is being objected then he/she should reply or respond to that within 2 months of the receipt of communication from the registrar of Trademarks.

While under Trademark objection there is no fees involved in replying whereas in filing of Trademark opposition there is prescribed fees is to be submitted t the registry. Objection reply should be filed within 1 month whereas counter statement of Opposition to be submitted within 2 months. Under trademark Objection process is under trademark registry only whereas under trademark opposition there is separate process from trademark registration. Under trademark objection no response will lead to removal or no appeal lies against rejection and acceptance is published in Trademark journal whereas in trademark opposition no response of Trademark opposition can lead to removal or appeal lies against the judgement,m and the judgement is communicated to the Parties.

For any further assistance take help of Trademark Attorney from BIAT consultant.

Tag: online trademark registration

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