trademark registration company in india Archives - Business , Financial & Legal Consultant In India

September 16, 2018

BRAND NAME REGISTRATION PROCESS AND PROCEDURE WITH FEES IN INDIA

Making your Brand Name(Trademark) popular is well and good but if it is used by somebody else then it is of no use. Therefore it is necessary to register your brand name as soon as possible so that it can exclusively be used by you only and by no one else. Therefore it is important to know its registration process and fees in India. Therefore through this blog we are going to tell you about these facets of Brand Registration.

Brand Name(Trademark) Registration Process And Procedure In India

A Brand Name is a legal aspect of your product or service. Therefore throughout the registration process you will have to follow some legal procedures which can be quite lengthy. Therefore brand name registration process in India is as follows:-

Firstly you need to gather all the Documents which is required for Registration.
Then decide upon your Brand Name.
Then put that Brand Name in Public search module and then check whether that name is available.
Once you have check its name and classify its class then you are ready to file with the application online.
Online Registration of the Brand Name requires Digital Signature of the Attorney or f Agents.
Then file and submit the Application, and it will end up with the IP Department.
Then they will check your Application and Brand Name that whether it is truly available.
Once the Application is accepted by the department then it will get published inside the journal.
Then the name will remain in the journal for 3 months and if no opposition comes then it will automatically get registered.

Also Read : Procedure of registering trademark in India

The process that is mentioned here is quite lengthy. However there are several other obstacles that can be raised by the registry after filing of the Application and they are as follows:-

Brand Name Objection- Once Application for the registration of Brand Name is filed then Registry check from its side that whether there exist a similar brand name or not and they raise objection in their Examination Report, and when Examination Report comes reply is to be given to the Registry. And if Registry is not satisfied with the reply then they will issue notice for hearing.

Brand Name Opposition- This can happen once your Brand Name is being published. This generally comes when your Brand name is opposing other person’s Brand name. Dealing with this issue is long therefore it is recommended to take advice from professional before applying for your Brand Name Registration. And for this it is advised to take help of an Attorney or an Advocate.

If you want to get your Brand Name registered then you can get in touch with Biatconsultant.com and can provide you the best brand registration service at the most affordable price of Rs INR 6,499/-. Our Application will make sure that there is of need of reply. However if their are some objections then there are our Attorneys to handle these matters as well.

July 20, 2018

What Is The Common Law In Trademark ?

You know even if your Trademark has not gone through the usual trademark registration, you are still the owner of trademark from the point when you start to use it. The law is there to give protection to unregistered Trademark, which is also known as passing off .

What can be a common law In Trademark:

Much like the Registered Trademark, common law trademark can also be anything from symbols, words, graphics, or any such combination. As long as it can distinctly identify your product from another, it can be a common law. A common law Trademark can use “TM” symbol along with their marks when they are trading.

The Difference between a Registered Trademark and Common law Trademark:

1. A Registered Trademark can make a use of ‘R’ symbol while trading whereas in a common law mark, owner can use the ‘TM’ symbol while trading.
2. When it comes to Registered Trademark, Trademark owner can enjoy his right to the fullest and can sue Trademark infringers whereas protection in common law is limited and restricted.
3. Registered trademark can cover a lot more grounds as compare to common law mark. It means that common law trademark is restricted to a very specific geographical region.There are certain rights which are given in common law trademark
1. If you and another person have been using the same trademark while other person has pursued with trademark registration, then two individuals can oppose his mark once it is published in the journal, in such cases the registration is being awarded on the basis of prior usage, i.e. who has been using the trademark earlier.
2. Passing off remedy: this remedy is provided when an individual is using a product from many years and has earned goodwill and become known to the public then you have right to assert your claim towards trademark that are confusing and doing the same business as you. This form of protection is called as ‘passing off’ of Trademark.

Common Law V/s Registered Trademark Registration

This is very common question which comes in mind of every individual when we talk about registered trademark and common law mark. So one should always go for trademark registration as it gives you exclusive right to use the Trademark, and it also gives you right to sue the Trademark Infringer who is illegally or wrongfully using your trademark without your consent.

However Common law is a good protection but it is only for a short term. To that end, if you want a more robust protection when it comes to the matter of protecting the mark that signifies your trade, you should go with Registration.

BIATConsultant is leading consultancy firm in India . In case you are looking for trademark registration online , or is facing any conflict regarding the same feel free to contact us at +919650476099 .

July 15, 2018

WHAT IS THE MEANING OF TRADEMARK STATUS?

Getting a trademark is not an easy task. It has to go to through several stages
in order to get registered. Trademark can be done of various things like
company’s logo, company’s symbol or name etc. In order to get it trademark it
has to go through a serious inspection before it is approved. There are various
status that can be granted to trademark application. Some of them are as
follows:

Online new application
This status appears when you are filling up the application. Online new
application is available when you are filling it online.

Send To Vienna Codification
There are different categories in which the trademark is applied. If the
trademark consists of symbol, logo or any other design, it is assigned a code
called “Vienna Codification” and this stage is termed as “Send to Vienna
Codification”.

Formalities Chk Pass
This is a very important stage in which all the important formalities are
checked such that it meets all the basic requirements. This stage is termed as
“Formalities chk pass”.

Formalities Chk Fail
As we have already discussed what is formality chk pass status. Now if in that
stage if all the formalities fail to pass, then this stage is termed as “formalities
chk fail”.

Marked For Exam
After all the formality checks, the trademark is passed to the examiner. The
examiner approves in according to various sections of the Trade Marks Act and the status at this stage is termed as “Marked For Exam”.

Exam report issued/accepted
After checking and validation of the trademark, the examiner issues a report as accepted and the status of this stage is known as “Exam report
issued/accepted”. This is a very crucial stage because the examiner gives his
final report on its publication in Trademark Journal.

Objected
If your trademark has some problems, the examiner does not accept the
trademark. The examiner gives objection in a very detailed report to the user
informing about each and every objection in the trademark. An on paper reply
is offered to trade mark registry and the status of this stage is known as
objected.

Advertised or Accepted and advertised
When a trademark application is presented in the Journal, it is given the status
of “advertised or Accepted and Advertised”. This is a very vital status as the
third party has the right to compete with it within 4 months. The trademark
registration certificate is granted if there is no opposition.

Opposed
This is a very important stage as if the opposition stage opposes the
trademark, then the status of the application is termed as “Opposed”.

Send back to EDP
If there are any data entry errors in the application, the application have to be
corrected and is send back to EDP for correction. Once all the errors are
corrected, the entire process starts again for getting the trademark done.

Send to PRAS
PRAS stands for “Pre-Registration Amendment Section”. This status is given
when there are any changes in registration that require attention of the
customer. If that is the case, application is passed to the PRAS department.