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Trademark Registration is an intellectual property registration under the Trademark Act of India. Trademark registration provides ownership of intellectual property, rights to exclusive use of the registered trademark and legal protection in case of trademark infringement.A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.
- Exclusive Rights
- Builds trust and Goodwill
- Differentiates Product
- Recognition to product’s Quality
- Protection for 10 Years at low cost
- Global Trademark Registration
- Protection against infringement
- Use of ® symbol
A registered trademark is only valid for 10 years, after which it needs to be renewed. The registrar of trademarks will send you a letter of reminder of the expiry of the trademark 6 months prior to its expiry.
- Safeguard against Litigation
- Offer Business Chances
- Build A Unique Identity
- Extension Of Ownership Rights
- Less Chances For Litigation
- Monetary Returns
- Security For Brand Name
Any sort of changes, modification, rectification or alteration performed in the registered trademark or in the Register of Trademarks is known as Trademark Rectification. Rectification of trademark is a legal procedure to rectify or correct any error or omission that was made in the particulars of a trademark as has been recorded in the registers of trademark.
- Error in the application form like the wrong address or contact details.
- Error in the details of the trademark such as class, description, classification, and design.
- Error in the details entered in the register.
- Modifying details in the application such as the change of applicant and change of address.
- Removal of the trademark when not in use for five years and three months.
Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.
- Incorrect use of trademark form
- Wrong use of the applicant’s name
- Failure in the filing of Trademark form
- False address on the trademark application
- Inaccurate specifications of goods and services
- Trademark being already registered
- Lack of distinctive character
- Deceptive or Misleading Trademarks
The reply to trademark objection in India is known as Trademark examination reply or response to office action. This reply has to be filed within 30 days from the receipt of the trademark examination report, failing which the trademark application may be treated as abandoned by the Trademark registry. However, the time period of 30 days for filing examination report reply can be extended on payment of prescribed fees.
Content Of Any Trademark Objection Reply or Examination Report Reply
- An answer to the objections raised, supported by legal prepositions, relevant sections of Trademark Act along with arguments crafted around the objections so raised
- Relevant case laws or precedents of the trademark office and
- Supporting documents to prove inherent or acquired distinctiveness.
- An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage.
Design registration provides the creator exclusive rights to use the design for ten years, which can be further extended for five years. A shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act,2000. But for a design to get registered, it must satisfy the following conditions:
- It should be new and original.
- The design should relate to shape, configuration, pattern, or ornament applied to an article.
- The design must be applied to any article by an industrial process.
- The design must be visible and should appear in the article.
- Under the Design Act, the owner of a registered design can seek legal remedy in case of infringement.
With copyright registration, you become a legal owner of your creative work in respect of books, paintings, music, website, etc. Copyright registration with the authority secures the creative work of the author cannot be copied. No person is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it.
- Legal Protection
- Owner publicity
- Creation of Asset
- Restricts Unauthorized Reproduction
- Public Display Of The Ownership
Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent. Patent filing is the primary step an inventor initiates to protect his or her invention from being misused.
- Ensure Complete Protection against Infringement
- Limit the Competition
- Exclusive access to every right from the time of early filing
- Opportunities to get a good market reputation
- Generating ROI after getting patent in India
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