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@ Marks & Brands
Your Trusted Partner in Intellectual Property Protection.
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At Marks & Brands we follow simple steps in the process of trademark registration
We conduct a thorough search of your brand
We advice on classes you can apply for registration
We file online application to register your brand
We provide you with regular updates
Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name in mind is not good enough reason to avoid a trademark search. Therefore, trademark search helps you to know if there are similar trademarks available in the class of goods or services which you deal and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation.
Filing Trademark Application in India after you are sure that your chosen brand name or logo is not listed in the Trademark Registry in India, you can opt for registering the same. The first step is to file a trademark application form at the Trademark Office, India. The Indian trademark offices are located at Chennai, Delhi, Mumbai, Kolkatta. Nowadays, filing is mostly done online. Once the application is filed, you can start using TM alongside your brand.
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examiner might accept the trademark absolutely, conditionally or object. If not accepted an examination report will be issued and response to the objections is called for. Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing and pursue further remedies depending on the outcome.
The step of publication is incorporated in the trademark registration procedure so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
Once the application proceeds for trademark registration, following publication in Trademark Journal, if any prior user or person having similarly registered trademark is offended, he can move an application for opposition of registration on the ground that the mark intended to be registered in deceptively similar to his mark. The Registrar after hearing the parties will pass an order accepting or rejecting the Opposition.
Once the application proceeds for trademark registration, following publication in Trademark Journal, and depending on the outcome of opposition proceedings if any, a registration certificate under the seal of the Trademark Office is issued for a period of 10 years. Trademark Renewal The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.
Advantages of Registering a trademark
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Submit identity, address and nationality proof certificate along with application form. In case of trademark registration for a company, furnish documents supporting the country in which the company is registered, mentioning the complete registered address. Similarly, if it is for registering a trademark for a partnership concern, provide the ID, address and nationality proof documents of all the partners.
In case a trademark application has been filed by a trademark attorney or a trademark agent or a constituted attorney, then a power of attorney (Form TM 48) must be executed by the applicant in favour of the trademark filing agent. It is important to remember that the Power of Attorney must be executed in favour of an individual agent or attorney. Form 48 in favour of a firm without the name of any individual agent or attorney is not acceptable.
A fundamental feature of a trademark application is the description of the products and/or services that the trademark is to be used in connection with. Coming up with a description that is both accurate and in compliance with the requirements of the local trademarks office is one of the most critical and sometimes delicate steps in the process. Registration may at times be refused for a particular description of the goods or services.
The soft copy of the trademark is required to be submitted along with the application for registration of a trademark. Where a trademark contains one or more words or numbers in scripts other than Hindi or English, the applicant shall provide in the application, a precise transliteration and translation of each such word and number in English or in Hindi and state the language to which the word(s) or number(s) belong
In case of a prior user based trademark application, date of first use of trademark must be mentioned. In such a case, an affidavit is required to be filed at the time of filing the trademark application. This affidavit is to be filed to support usage of the mark in India. However, if a trademark is only proposed to be used, such user affidavit is note required to be filed.
Businesses can start using the ™ symbol alongside their brand as soon as the trademark registration application is filed. This symbol is NOT indicative of registration.
The ® mark can be used once the trademark application is approved & registration is complete. The entire process usually takes eight to ten months if there is no opposition.Jo
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We apply for registration of your brand name which will protect your business and customers. Once such application is filed, you can start using TM alongside your brand name and ensure no other business copy or misuse your brand name thereby your interest protected.
We do a comprehensive search of your brand name from the database. Searching provides a quick and simple means to investigate the availability of your chosen brand in your field of business. We also suggest you suitable modifications if any required.
We oppose registration of brand names by filing an application for opposition when a third party attempts to register his/her brand name which is deceptively similar to that of yours. This will prevent exploitation of your trademark by third parties.
We file applications seeking renewal of registered trademarks before the Registrar as a registered trademark is valid for 10 years and renewal of the same has to be made once in every 10 years. Failure to file a an application for renewal leads to removal of the trademark.
We advice and draft applications for assignment/transfer of trademarks as a brand or Trademark owner can transfer his rights with respect to his trademark by way of assignment or by licensing. Such assignment or licensing is required to be recorded in the register of trademarks.
We conduct suits for infringement and passing off before competent courts when trademark owners believe that their marks are being infringed. Criminal prosecution can be launched for falsification of trademarks. Rectification to remove registered trademarks can be filed.
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