TRADE MARK SERVICES
Trade Mark Searches
Since all Trade Marks are not registrable and the existence of any same or similar Trade Mark can lead to objections/ refusal in registration of the Trade Mark, prior to investing time and money in the filing of a Trade Mark Application, it is advisable to conduct a clearance search with the records of the Trade Marks Registry to ascertain the chances of successfully attaining a registration.
Trade Mark Hearings
The Trade Marks Registry may call the Applicant to either appear in person or through Attorney/ Agent at any stage during the pendency of the Trade Mark Application.
Removal of Objections
The Trade Marks Registry can raise objections against the registration of any trade mark on grounds such as the trade mark is descriptive, lacks distinctiveness, is similar to any existing application/ registration, etc. To overcome/ remove such objections, suitable replies have to be filed with the Trade Marks Registry.
Trade Mark Assignment and Licensing
The rights of ownership and use of a Trade Mark can be transferred/ partially permitted to another individual/ entity through Assignment and Licensing of Trade Marks. This is achieved through the execution, registration (and subsequent records) of an Assignment Deed / Licensing Agreement.
Trade Mark Opposition
When any Trade Mark Application is Accepted by the Trade Marks Registry, it is Advertised in the Trade Marks Journal for a statutory period of four months. During this period, any third party could oppose the said application by filing a suitable Notice of Opposition and thereby initiating Opposition Proceedings. The Applicant in order to contest the proceedings has to file a formal reply known as a Counter Statement and relevant evidence within the statutory deadlines.
Trade Mark Watch Services
It is advisable to always be vigilant about new Trade Mark Applications filed by third parties that may be the same/ similar to your Trade Marks and Brand Names as the same may dilute the value of your Trade Marks and create confusion amongst your customers. This is done by periodic review and reporting of the Trade Mark Register and Journals and timely Oppositions through Watch Services.
Trade Mark Rectification
The registration of a Trade Mark can also be challenged on grounds such as non-use and/ or non-abidance of the conditions of registration by initiating Rectification Proceedings. The Registration holder, in order to protect his registration, has to contest the rectification proceedings, by filing a formal reply known as a Counter Statement and relevant evidence within the statutory deadlines.
Trade Mark Renewal
A Trade Mark is only valid for a period of 10 years from the date of the Application and can be renewed multiple times, each time, for a period of 10 years. In case the Trade Mark is not renewed within the stipulated time, the registration, along with all rights arising from it lapses.
Trademark
A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. A trademark may be one or a combination of words, letters, and numerals. It may also consist of drawings, symbols, three-dimensional signs such as the shape of goods and their packaging, fragrances or colors, and a combination of colors. It is used by traders/companies/ firms etc to distinguish their goods and services from those of their competitors.
A consumer associates some level of quality/price/prestige with the goods of a particular trademark. In other words, the consumer uses the trademark for making a choice while buying a particular product. There are numerous examples in our day-to-day life such as TATA, BATA, Liberty, Brooke Bond, Dabur, Vaidyanath, Park Avenue, SAIL, and so on.
The purpose that trademark protection serves is that it prevents other traders/companies/firms from deceiving customers into believing that goods or services actually produced by them were produced by the trademark holder. The purpose of awarding a trademark is also to benefit the public as it could make an informed choice while opting for different products and services.
It may so happen that other companies start using similar trade names or may even register them which would ultimately dilute the importance of your trade name. As a company, you should have a policy and method to locate the use of similar trademarks or infringement of the trademark and to challenge them when any attempt is made to register them.
Importance of Securing Trade Mark Rights
In this day and age where miscreants and imposters regularly try to pass off their spurious goods and services banking on the goodwill and reputation of other well-established brands, it has become imperative for entities and businesses to secure Trade Mark Rights to not only secure their brand names and logos but also to initiate appropriate legal actions against such miscreants and imposters. Securing the trademark rights shall also prevent third parties from initiating any legal/ infringement action against your brand.
In addition to giving a brand its identity, legal recognition, and rights to initiate legal action against infringers, Trade Marks also:
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Make it easy for consumers to find you
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Make your products/services stand out
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Spread awareness of your brand and the goodwill
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Help prevent marketplace confusion and
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Build intangible assets that appreciate over time and can be easily reflected in the balance sheets.