In India, Trademarks are registered by Controller General of Patents, Designs and Trademarks. Trademarks are registered under Trademark Act, 1999. Registration of Trademark serves an important purpose of securing a trademark from being misused. Registered trademark provides an exclusive right to the owner to sue for damages when infringement of trademarks occurs.
After filing an application for Trademark registration, trademark examiners analyse the application. They carry out their own search and raise one or more objections. These objections are stated in the Trademark Examination report. The applicant has an opportunity to submit written reply for the objection raised.
An Examination Report is issued by the Trademark Registry. When the trademark application is objected it is stipulated that a response should be filed within one month from the date of receipt of examination report.
The trademark examination reply must include:
- A reply to the objections raised
- Supporting documents to prove inherent distinctiveness
- Relevant case laws or precedents
Once a Trademark application is accepted or all objections are removed, it gets published in the Trademark Journal.
Grounds for Trademark Objection
Following are some common grounds for Trademark Objection:
- Lacking distinctive character
- Deceptive trademark
- Same or similar trademark
Frequently Asked Questions:
Who can apply for a Trademark?
- Any Individual
- Registered Company
- Limited Liability Partnership
Can a multiclass trademarks application be filed in India?
Yes, under the Indian Trademark law, multi class Trademark application can be filed.
Where can an application for registration in India be filed?
An Application for registration of a Trademark can be filed at any of the 5 Intellectual Property offices located at Chennai, Mumbai, Kolkata, Delhi and Ahmedabad, depending upon the jurisdiction which depends on the primary place of business of the proprietor/owner.
What is the period of limitation for filing a suit for Infringement of Trademark in India?
It is Three years from the date of infringement.
What is the validity of registration of a Trademark in India?
It is valid till 10 years and renewal is every 10 years from date of expiry.
How long does it take to get a trademark registered in India?
The registration process takes around 8 – 12 months, to obtain registration in straight forward cases, without any objection or opposition. However, a Trademark Application Number is usually allotted within 1 or 2 working days after filing the application and the proprietor of the mark can start using the ™ symbol next to his Trademark and is since protected under the law and enjoys the privileges of that of a Registered Trademark Holder.