trademark registration online Archives - Business , Financial & Legal Consultant In India

April 2, 2020April 2, 2020

What Is Trademark Rectification ?

What is Trademark Rectification?

Trademark rectification is needed when there is a need for any kind of alteration, change, modification or rectification in the registered mark or in the register of trademarks, or rectification of the trademark register by such aggrieved party.

Trademark rectification rights in India is governed by chapter VII of the trademark Act, 1999. Under section 57 of the Trademarks Act, any person who is aggrieved by the entry in the trademark register can file for trademark rectification before the registrar of trademarks. However, in certain cases consequences can be cancellation of trademark registration.

Who can file Trademark Rectification?

It can be filed by the owner of the trademark itself, or
It may also be filed by the party or entity being aggrieved by such entry.

Common grounds for filing Trademark rectification in India

Due to latest knowledge or advancement
Due to non-use of registered trademark for over 5 years by the registered owner.
Due to non-renewal of the original or previous registration of the trademark.
In cases where inclusion of addition of certain more classes of goods or services to the business gamut of the registered trademark.
Conditions which are beyond any more grounds stipulated in section 9 and 11 of the Indian Trademark Act, 1999.
The certain omission of any entry eg, a disclaimer, condition or limitation.
Where the registration is obtained by misrepresentation of facts, similar to an earlier mark registered and lacks sufficient cause for registration.
Cases where mark was wrongly remaining on the register and causing or likely to cause confusion.
When the renewal fee has not been paid.

Procedure for Trademark Rectification In India

Procedure for Trademark rectification in India includes following hings-

In cases where trademark registry has marked the trademark application as Formality check or send back to EDP, therefore in this case option of rectification and of being is being given and it requires to be resubmitted. In such cases, rectification deed is required to be prepared to address all the concerns of the trademark examiner-

TM-O form is required to be filled in order to file trademark rectification.
Make sure that your trademark rectification application is a clear and crisp statement of grounds related to the application.
You must support your arguments with strong evidence to support rectification of the specified trademark.

We have immense and diversified experience in handling Trademark rectification cases and shall suggest more professional ways to avoid trademark rectification.

May 3, 2019

Types of Trademark Application in India

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.

April 6, 2019

Trademark Class finder

tradeamark registration , trademark registration online , trademark registration online in india , trademark registration process online in india,trademark registration in india

As per the NICHE classification, Trademark Classes are classified into 45 classes from which class 1 to 34 deals with the goods and class 35 to 45 deals with the services. Each of the trademark class represents a distinct set of goods and services. While filing a Trademark Application, the class of goods and services to which Trademark pertains must be mentioned in the Application. It is important to choose the right class of goods at the time of filing of the Application, otherwise choosing of wrong class of goods can hamper the whole registration process.

Trademark application can be filed in more than one class, if the business if the proprietor is involved in diverse. Further if Trademark is registered in one class, another entity can file a Trademark application in the another class. Filing of Trademark Application under one class does not give exclusivity to the person over the use of the mark. Trademark only gives exclusive right to use the mark to a person only in which class that mark is applied. Here is the list of trademark classes under from which product or services of a person will fall is described here as follows-

Class 1- Chemical used in Industry, Science, photography, Agriculture, horticulture and Forestry; unprocessed plastics; chemical substances for preserving Foodstuffs.

Class 2- Paints; Varnishes; Preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; printer and artist.

Class 3- Bleaching Preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery; essential oils; Cosmetics; hair lotions.

Class 4- Industrial oil and greases; Lubricants; Dust absorbing; Wetting and Binding Compositions; Fuels ( including Motor Spirit) and illuminants; Candles; wicks.

Class 5- Pharmaceutical, veterinary and Sanitary preparations; dietetic substances adapted for medical use; Food for babies; disinfectants; fungicides, herbicides.

Class 6- Common Metals and their alloys; metal building material; small items for metal hardware; Pipes and tubes of metals; goods of metals not included in other classes.

Class 7- Machine and machine tools; machine coupling and transmission components; agricultural implements other than hand operated; incubators for eggs.

Section 8- Hand tools and implements ( Hand operated); Cutlery; side arms; razors.

Section 9- Scientific, electric, Photographical, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers.

Class 10- Surgical, Medical, dental and veterinary apparatus and instruments’ artificial limbs, eyes and teeth; orthopaedic articles; suture materials.

Class 11- apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating; water supply and sanitary purposes.

Class 12- vehicles; apparatus for locomotion of land, air or water.

Class 13- Firearms; ammunition and projectiles; explosives; fire works.

Class 14- Precious metals and their alloys and goods in precious metals; jeweller, precious stones; horological and other chronometric instruments.

Class 15- Musical Instruments

Class 16- Paper, cardboard and goods made from these materials; printed matter; stationary; brushes; typewriters and office requisites; plastic materials for packaging.

Class 17- Ruber, asbestos, mica and goods made from these materials; Plastics in extruded form for use in manufacture; pack=king; stopping and insulating materials; flexible pipes.

Class 18- Leather and imitations of leather; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips; harness and saddlery.

Class 19- Building Materials ( non- metallic), Non- metallic rigid pipes for building; asphalt; pitch and bitumen; non- metallic transportable buildings; monuments not of metals.

Class 20- Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, whicker, horne, bone, ivory, whalebone, shll, amber, mother of pearl, meerschaum or of plastic.

Class 21- Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi worked glass; glassware and earthenware.

Class 22- Ropes, strings, nets, tents, awnings, tarpaulins, sails, sacks and bags, paddling and stuffing materials (Except rubber or plastics); raw fibrous textile materials.

Class 23- Yarns and threads, for textile use.

Class 24- Textile and textile goods, not included in other classes; bed and table cover.

Class 25- Clothing, footwear and headgear.

Class 26- Lace and embroidery, ribbons and braids; button, hooks and eyes, pins and needles; Artificial flowers.

Class 27- carpets, rugs, mats and matting; linoleum and other materials for covering existing floors; wall hanging (Non-textile).

Class 28- Games and playthings, gymnastic and sporting articles not included in other classes; decorations for christmas trees.

Class 29- Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, fruits sauces; eggs, milk and milk products; edible oils and fats.

Class 30- Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard ; vinegar; spices; ice.

Class 31- Agricultural, horticultural and forestry products and grains; Live animals; fresh fruits and vegetables; seeds, natural plants and flowers; food stuff for animals and malt.

Class 32- Beers, minerals and aerated waters, and other non alcoholic drinks; fruit drinks and fruits juices; syrups and other preparations for making beverages.

Class 33- Alcoholic Beverages (Except beers).

Class 34- Tobacco, smokers’ articles, ,matches.

Class 35- Advertising, business management, business administration, Office functions.

Class 36- Insurance, Financial affairs; monetary affairs; real estate affairs.

Class 37- Building construction; repair; installation services.

Class 38- Telecommunications.

Class 39- Transport, packaging and storage of goods; travel arrangement.

Class 40- Treatment of materials.

Class 41- Education; Providing of training; entertainment; sporting and cultural activities.

Class 42- scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software.

Class 43- Services for providing food and drink; temporary accommodation.

Class 44- Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

Class 45- Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of the individuals.

January 16, 2019January 16, 2019

Difference Between Trademark Objection and Trademark opposition In India

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.

January 13, 2019

Procedure for Foreign Companies To Register Its Trademark In India?

Registration of Trademark is one of the important factor across the globe. And many foreign and domestic applicants are applying for its protection.

The Madrid Protocol agreement governs the International Trademark registration under which a mark can be registered internationally in multiple countries.

Also Read : Procedure For Registering Trademark In India ?

Certain countries have been declared as convention countries by India and accoreded similar privileges as those granted to the citizens of India. A person or a company from a convention country can apply for Trademark registration in India within 60 months of making an application in the home country.

If accepted, such a foreign national will be deemed to have registered his/ her Trademark in India from the same date on which he or she made application in the home country.
In case an application have been made for registration of trademark in more than one country, a period of 6 months would be reckoned from the date on which the earlier or earliest of those applications were made.

What is the eligibility criteria for International Trademark Registration

The following are the main requirement for obtaining international trademark in India?

The applicant should be an Indian national or domiciled in India.
The Applicant must have the real business in India.
The Applicant must have Trademark application/ trademark registration of your home country. It will be used as the basic mark for the International registration.
The applicant must choose one or more countries which are member countries of the Madrid Protocol Agreement.

What is the procedure for filing an International Trademark Application

The Trademark Application/ registration of home country is known as a basic mark which is submitted with the international Trademark Application.
An International Trademark application needs to be filed through the office of origin along with the basic mark application/ registration. Te application is forwarded to WIPO after certifying the international application.
The WIPO formally examine the international application, if approved, the mark will record in the international register and publish in t5he WIPO Gazette. After which they issue a certificate of registration and notify the contracting IP offices.
The Trademark offices in which you want to protect you mark will conduct further substantive examination under domestic law. Within 12 to 18 months either grant or refuse the Trademark protection. The decision of the cou8ntries will not affect the decision of other designated countries.

What are the benefits of filing international Trademark Application under the Madrid protocol?

Madrid Protocol is a one stop solution to obtain trademark protection in multiple markets.
Outweigh the costs of the international registration as compared to individual foreign filings.
Subsequent changes like renewal, change of name or address or ownership are cost effective with single procedure and fee payment. It is time efficient bas well.

Want to register international’s Trademark ? Consult BIATConsultant

December 21, 2018

How to copyright a logo and a name in India

In India Copyright can be protected by either Copyright Registration or Trademark Registration process. There are different sets of steps which are required to be followed for obtaining the Trademark and Copyright Registration which we will discuss in the course of this blog.

By obtaining Copyright Registration and Trademark registration Brand value of a product is being protected. How to copyright a logo is itself confusing among the consumers.

Let us first clear the biggest misconception that logo and names can be protected with the copyright registration. Although the Brand name and a logo can be registered under a Trademark Act. therefore Copyright Registration cannot be sought or done with the Name of the Brand, but the logo can be done or protected under both Copyright and a Trademark, since it comes under Artistic work and therefore it can be protected under both Copyright and Trademark.

Let us discuss the procedure of obtaining the Trademark registration in India for the Brand name and the logo. Here are the steps which are involved in this procedure-

Firstly we do Free Trademark search of the Brand name to check that whether that brand name name is available or not. A name is available when a similar name or logo is not already registered.
Then Application is to be made by our professionals for the Trademark Registration and shall be filed with the department.
The there is mandatory waiting of 30 days in which in case of any discrepancies objections can be raised from the registry side.
Then once the Application is accepted by the registry the it will be published in the Journal for a total period of 4 months. During this period the third party opposition will be invited.
Then finally Trademark Registration is being done by the Registry if there is no Opposition from the third party.

In the same way you can make application for the protection of the logo under Trademark laws. After getting Trademark registration following steps has to be taken for Copyright Registration of the Logo. for Copyright registration following steps has to be taken:-

Firstly Copyright search has be conducted.
Then Application is to be made for Copyright Registration.
The same 30 days mandatory wait is to be done for objections to come from the Registry.
In case no objection the application is further forwarded to the examiner.
If no discrepancy is found then registration of copyright is approved.
Finally certification of registration of Copyright is granted to the Applicant.

Conclusion

In any case you are required to obtain the Trademark registration in India for both the logo and the name. But of you believe that your logo consist of some unique creation make sure to protect it with Copyright Registration in India.

December 7, 2018

What Is The Process To Rectify The Already Registered Trademark In India

trademark rectification process in india

Trademark rectification is a legal procedure that is done to correct or rectify the error that has been done or made in the Trademark that has been put inside the Trademark registry. It is done when trademark has been wrongly registered or or when the mark is still in the trademark Registry after it has been expired (gone beyond the 10 year limit).

Trademark Rectification- Eligibility criteria

Anyone whose Trademark has been entered into the registry in a wrong way.
Anyone whose Trademark Application ahd the correct mark but the data which was entered in the register was wrong.
Anyone whose Trademark registration period of 10 years is over and the mark are still present.
Anyone who wants to cancel the trademark registration.

Trademark Rectification can be applied only when anyone’s Trademark is registered. If anyone’s Trademark is not registered then Rectification for trademark cannot be applied.

What are the grounds of trademark rectification or Trademark Cancellation?

If the trademark registration was done without any proper means, or if the Registration was obtained through untrue representation of facts, or if the Trademark was already been registered.
The Trademark is still inside the registry even after either there is a case againsts it, or the Trademark can create confusion.
If there are changes, amendment, or modification needed to be made to a registered Trademark according to the more recent advancement.
If a Trademark is registered but hasn’t been using it for more than 5 years.
If the Trademark hasn’t been renewed after its prescribed time of 10 years.
If the Trademark Registration have been obtained using unsrupulous means or fraud, then the Trademark can be expunged from the Trademark registry.
If there are any evidences pertaining to the non conformity of the Trademark registered on the grounds present in the Indian Trademark Act.
If more classes need to be included or added to the Registered Trademark.

Where is Trademark rectification Application filed?

Trademark rectification application is to be filed before the Trademark registry or either you can apply the rectification application of Trademark online also. However more physical approach is recommended.

Trademark Rectification Procedure

Firstly you need to file the Application for Trademark Rectification, and for filing there is a prescribed fees and format provided.
The application should include the case statement.
Once you have finished the Application, you can submit it either to the Registrar or IPAB.
After the Registrar receives the Application they are going to make contact with the registered proprietor of the mark to give counter statement.
As the counter statement arrives to the evidence stage, the parties are required to file their evidences in an affidavit format.
After this a haring happens, and the order for subsequent removal or rectification of Trademark is passed.

Want to register trademark in India or get it rectified , consult BIATConsultant now .

November 29, 2018

How to protect Trademark Internationally

If any person wants to register their mark in abroad or you are thinking for worldwide expansion then he can consult his lawyer or his agents to get it registered. And every Application for Trademark is applied individually in that Country’s IP Office. Applying in a different Country is a quite tricky process and that is why World Intellectual Property Organization (WIPO) have given Sorted solution for that and i.e. Filing of Trademark through Madrid Protocol through which Trademark can be applied in several countries through a single Application.

What is Madrid System

It is basically an Agreement which is signed by several countries (At present t has 97 member countries). By filing single Application Trademark can be filed in these several countries. By filing of a single Application status of your Trademark in each country can be tracked and managed centrally through the WIPO Site. without Madrid System international Trademark process is quite tricky and lengthy.

An Application will be moved from the country of origin only. And costing is given on the WIPO website. Fee Calculator is there on the WIPO website to tell the fees for applying for Madrid. It depends on the number of countries you are applying for and accordingly fees is charged. It takes 15 to 18 months to get it registered and can be renewed after every 10 years.

Therefore for Trademark application it is advisable to seek suggestion from the trademark attorney and after proper consultation only applies for Trademark filing by the way of Madrid System.

September 29, 2018

What is Deceptively similar Trademarks case in India; Brief Example

One of the biggest hurdle in getting the trademark registered is the similarity of the trademark with the existing similar marks. If you are having a similar mark with the existing mark then it creates confusion in the minds of customers. It is important to understand that Trademark is unique, i.e. it is not deceptively similar to the existing mark.

In order to get registered as Trademark in India, it has to fulfill the criteria of distinctiveness, Non- Similarity and it should not be prohibited by law. Deceptively similar mark is the most common ground on which objection comes from the side of Registry.

According to section 11(1) of Trademark Act, 1999, a trademark cannot be registered if it is deceptively similar, or identical, with the existing trademark and goods and services, that is likely to create confusion in the mind of public at large.

What is deceptively similar mark?

According to the section 2(h) of the trademark Act, 1999, it means that any mark which is similar or identical to the already existing mark, and which is likely to cause confusion among the mind of customers, is called deceptively similar mark which cannot be registered as trademark.

Famous Deceptively similar Trademark Case

In this case there were two marks i.e Starbucks and Sardarbuksh, so in this case sardarbaksh started its business in Delhi and also opened its 5 outlets across Delhi. Whereas Starbucks is a well known mark and also a registered mark all over the globe. And Starbucks filed a case against Sardarbuksh to stop its mark to use it further as it is deceptively similar mark with starbucks and also causing confusion in the mind of public at large. Therefore in this case court ordered Sardarbuksh to change its name to sardar-buksh as it was hampering the business of starbucks which is known and famous globally.

Want to get your trademark registered in India or want a suitable lawyer to handle your trademark cases , hire BIATConsultant – One of the best 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.