Trademark Registration and issues 2024

Many people or entities are seen offering Trademark Registration services for a very cheaper professional fee and even cheapest Trademark Registration Services are available from most the e-commerce websites. But question arises that whether they are experts of Trademark and whether they will be able to complete the Registration of your Trademark? The answer to this question is in negative as a lot of technical research, analysis and consultancy is required before filing a trademark application followed by regular tracking of Trademark application post submission of Trademark application.

Most reliable services of Trademark Registration. Quality work and desired Results of Trademark Registration

We are only the most reliable service providers in the field of Trademark Registrations, oppositions and litigations where you get peace of mind after handing over your trademark works to us.

Search, analysis and Consultancy for Trademark Registration from most reliable, Genuine and Expert Trademark Attorneys 2024

We not only perform extensive search, analysis and investigation before filing a Trademark application but we also put best efforts in writing arguments, submission of evidences and presenting the Trademark application in a proper manner which mostly results in to acceptance and advertisement of the Trademark and mitigate the chances of objections by the Trademark officials in a Trademark application.

Guidelines on deciding a Trademark

Before filing a Trademark application, it is important to search, analyze and decide whether the mark will qualify for registration. It is also highly important to decide whether the application will follow opposition by the third parties after acceptance and advertisement of the Trademark application. Following are some steps which may help in deciding a Trademark-

Benefits of trademark registration

Try to create, compose, design and stylize a mark which is completely unique and different.
Try to find our any similar marks or applications which are similar or slightly similar to your trademark in the public search portal of the Trademark Registry.
Try finding a phonetically similar mark in Trademark public search by selecting phonetic option.
Please take care of spelling of your mark as difference in spelling does not make your trademark difference if the sound of your Trademark is similar to any other mark.
Try designing, creating and stylizing a logo or device mark for Registration as devices are easier to register.

Important aspects of filing a Trademark application

Try to create, design and stylize a completely unique, different and distinctive Trademark or LOGO.

Define exact goods or services and select the class for your goods or services.

Do select a date of use or adoption of your Trademark along with signing a user affidavit.

You may also submit other evidences in support of use of your trademark.

Try to write some statements and arguments in favor of your Trademark application.

Upload proper and legible documents.

Trademark Search

Trademark Search process has two important parameters- First is selection of appropriate and exact class of the goods and services and second is searching the mark in different ways. Search may be performed by wordmark and phonetic parameters. Trademark Search may be also performed by part of the word of the mark.

Trademark Application Filing

Drafting of the Trademark application is very much important. Following are the important facts which is taken care while drafting of the Trademark application.

Adding the proprietor in Trademark Application- The proprietor / Applicant of the Trademark should be added carefully after selection of the category of the applicant. The applicant may be individual, Partnership Firm, Association of Persons (AOP) viz. NGO, Society, Political Party or Trust and Private limited or Limited Company which is called Body Incorporate.
Selection of the Category of Mark- Category of the mark should be selected correctly. The Trademark Categories are Wordmark, Device or Logo and Color. Wordmark is simply a word without any font design or style. Device may be a LOGO or a word written in a particular font, design and color which may be with or without a LOGO.
Image Description- If the Category of mark is device or Image or LOGO then image description is to be provided correctly.
Transcription or Transliterations of the Trademark- If the mark or Device is in any other language other than English or Hindi Language then Transcription or Transliteration (Translation in Hindi or English) is required.
Conditions and Limitation for the Use of the Mark – Taking Limitation or putting in Condition for the use of the Trademark if you intend to use the trademark for a particular product or service.
Description of Goods and Services- Goods and Services description should be provided correct and in accordance with “EUIPO” classification.
Use of the mark- You must mention the period and time of the use of mark or you may select “Proposed to be used” if you have not started the use of the mark.
Important Statement about the Mark- You may mention important facts and information about your mark. Grounds of application of the mark and Grounds of registration of the mark along with eligibility for registration of mark may also be mentioned.
Document uploading- In this section documents are uploaded along with POA- Proof of Authorization of a Trademark Attorney.

Submission of Trademark Application – After drafting of the Trademark Application and uploading the documents the Trademark Application is submitted with Digital Signature.

Allotment of TM Application number

After filing of Trademark application, the department allots trademark application number which can be used for writing ‘TM’ on the trademark / LOGO.

Examination of trademark Application

After allotment of Trademark application, Trademark examiner checks the application for eligibility of registration of the mark. If the applied mark is registrable the Examiner accepts the application and advertises the same in trademark journal after which the status of the trademark becomes accepted and advertised. If the trademark examiner finds the objectionable matter in the application, he raises objection of the application and issues examination report along with a notice for objection reply to the Examination Report and the status of the trademark becomes objected.

Publication of Trademark Journal

The publication of accepted trademark is done on reasonable and fair grounds so that public might be informed about the acceptance of application of the trademark and any person can file his Opposition on the registration of the Trademark which is called Trademark Opposition.

Once accepted trademark is advertised, the public or any person gets an opportunity to oppose the trademark application within four months of the advertisement.

If the department does not get any opposition within four months of advertisement of the mark then the applied trademark gets registered.

If the department receives opposition on the Trademark Application it stops the registration process and requires the applicant to file a counter statement Followed by Evidence and hearing processes.

Trademark Objection Reply

If trademark application is objected on any ground, objection Reply or application of hearing is required to be filed with the department. If the department is satisfied then the department accepts and advertises the applied mark otherwise fixes a date of hearing.

Counter statement of Opposition

Upon opposition of TM application by a third-party, a counter statement followed by hearing is called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have the chance to appear at the hearing and provide grounds and evidences for registration or rejection of the trademark application thereafter Trademark Hearing Officer determines if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can be challenged by appealing to the Intellectual Property Appellate Board.