Trademark Registration
Trademark Registration
A trademark is a distinctive symbol, phrase, or emblem that
distinguishes a product from others legally. A trademark is issued to a firm
only for the purpose of preventing others from using or copying it.
Online Trademark Filing
Trademarks are one such asset that, despite its elusiveness,
is a strength for the company and the investment it has made, as it prevents
misappropriation by other enterprises. It's a name, a logo, a tagline, a visual
sign, numbers, or a combination of these things that, once registered, prevents
others from using them.
Anywhere in India, you can file a
trademark online.
Trademark registration aids in the
protection of your company's brand.
What Is The Purpose Of Trademark
Registration?
In India, trademarks are managed by the Office
of Patents, Designs, and Trademarks, which is part of the Department of
Industrial Policy and Promotion, and is governed by the Trade Marks Act, 1999.
The management of trademark registration in India has undergone some significant
changes recently, all of which have been done to improve India's intellectual
property regime. There were previously 74 trademark application forms in use,
which have now been reduced to four; nonetheless, the fees have been increased
from INR 4,000 to INR 10,000. To encourage e-filing, the fees have been
maintained low at INR 9,000, making it the most convenient, quick, and
cost-effective way to register. In addition, the fees for individuals,
startups, and small businesses are reduced at INR 4,500. Furthermore, advanced
processing provisions that were previously only available until the examination
stage have now been extended to the registration step. Email has been made
mandatory for office communication, video conferencing has been introduced to address
difficulties, and the number of delays has been limited to two by the
corporations in opposition in order to improve the process and make it more
time-efficient and uniform. The Trademark Rules of 2017, which superseded the
statutes of 2002, kicked off all of this.
Unfair
Competition and Trademark Law
Professor
Tomas Gomez-Trademark Arostegui's and Unfair Competition Law Course Number:
LAW-432
Credits: 3 • Course Type: Foundational
Enrollment Limit: Determined by the Registrar • Description: This
course will introduce students to the federal Lanham Act, as well as associated
statute and common-law principles, which are designed to safeguard against
consumer confusion and commercial goodwill appropriation. Trademarks, service
marks, trade dress, unfair competition, and (time allowed) misleading
advertising will all be covered in this course. We'll go over the policy
reasons for providing protection, eligibility conditions, the prima-facie cause
of action, common affirmative defences, and remedies for each of these topics.
There are no prerequisites.
Final exam as a method of evaluation
WIE: no • Capstone: no
The American Bar Association's accreditation criteria demand
that students attend their classes on a regular basis. Students at Lewis &
Clark are expected to attend classes on a regular basis and to diligently
prepare for them. Attendance requirements may differ from one course to the
next. At the outset of the semester, any attendance standards for a specific
class must be presented to students in a syllabus or other written document.
Poor attendance will result in sanctions (e.g., compulsory withdrawal from the
course, grade adjustment, and/or a failing grade).
What is the procedure for registering
a trademark in India?
If no opposition
proceedings have been filed against the trademark, or if an opposition has been
filed but has been decided in favour of the applicant, the trademark will be
registered for a period of ten years from the date of filing the application in
India, and a certificate of registration will be issued.
The procedure of
generating and issuing registration certificates for trademark registration
applications has been completely automated. As a result, beginning August 1,
2016, registration certificates will be generated using an automated system in
line with the Trade Marks Act and Rules and made available to the applicants.
or their authorised agents on record, in respect of
all trademark applications: (a) that have been published in the Trade Marks Journal
Number 1720 dated 23.11.2015 and thereafter, (b) where no request for amendment
filed on behalf of the applicant is pending for disposal, (c) where the copy of
the original application for registration is available in the Trade Marks
Registry's electronic database, (d) where no requirement (such as fee, Power of
Attorney, etc.) is pending for disposal, (e) where no
The time
it takes to register a trademark is called the trademark registration period.
In
2010, Section 23 of the Trademark Act, which governs mark registration, was
changed. The amendment added a clause to the provision that states that once an
application is accepted and not opposed, or if opposed and decided in favour of
the applicant, the Registrar must register the trademark within eighteen months
from the date of filing the application, unless the Central Government directs
otherwise.
Trademark
registration is a lengthy process that takes 18-24 months to complete if no
third-party opposition is submitted.
Correction of a clerical mistake on the
registration certificate
The
Act also provides for the alteration or repair of any clerical error in the
certificate of registration, stating that the Registrar has the authority to
amend the register or To fix a clerical error or an obvious mistake, a
certificate of registration is required.
Renewal of a Trademark in India
A trademark can be renewed in india at any
moment for an unlimited amount of time by paying the renewal costs, failing
which the mark would be deleted from the trademark register. Each renewal phase
lasts for ten years.
in
india, the method for filing a trademark renewal application is as follows:
if accompanied by the required renewal
costs on the prescribed form, a request to renew a trademark in india can be
made within six months before the expiry of the registration/renewal term.
If accompanied by the required late renewal costs on
the prescribed form, a request to renew a trademark in india can be filed
within six months after the expiry of the registration/renewal period.
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