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Trade registration

Trademark Registration

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.

Ultimate Benefits

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

Trademark renewal

Trademark Renewal

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.

Ultimate Benefits

Safeguard against Litigation
Offer Business Chances
Build A Unique Identity
Extension Of Ownership Rights
Less Chances For Litigation
Monetary Returns
Security For Brand Name

Trademark Rectification

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.

Ultimate Benefits

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.

Trademark Objection

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.

Ultimate Benefits

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

Trademark Reply

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

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:

Ultimate Benefits

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.

Copyright Registration

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.

Ultimate Benefits

Legal Protection
Owner publicity
Creation of Asset
Restricts Unauthorized Reproduction
Public Display Of The Ownership

Patent Registration

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.