Securing Your Brand Name by Trademark Registration

Narendra Kumar

13 Jun, 2019

Why Brand Name Registration Necessary?

Brand Name For trademark registration, one needs to fulfill the simple process provided by the Ministry of Law, Justice & Company Affairs under the Office of the Controller General Patents, Designs and Trademarks.

From owner’s point of view:

• If you want to secure the brand name of your business,
• create your own business identity,
• protecting your business reputation by deterring someone else from using it without your permission
• Improving the quality of operations, business models in all sectors within government, entrepreneurial, and private institutions
• creating the customer’s confidence and attraction

From customer’s point of view:

• Protecting the consumers from deceptive/misleading information regarding the goods/services
• For easily distinguishing the goods/services

Also i.e., 6^th March, 2017Government has revised and replaced the old trademark Rules 2002 with trademark Rules 2017. Draft rules of Trademark were already circulated by the Government for inviting the objections and suggestions of the public in the month of November 2015.

The new Rules are marked by the following changes:

1. For promoting the digitalization E- filing of the application has been prescribed
2. No of the forms has been drastically reduced from around 75 to 8
3. The registration fees have been enhanced and categorized for the individuals, Startups and small enterprises and others
4. Examination of the application has been made speedy
5. Hearing before the authority can be done through video conferencing or other audiovisual means
6. An email has been prescribed as the mode of communication by the registry to an applicant
7. Maximum 2 adjournments for the hearing has been prescribed thereby reducing the time for the trademark registration process
8. An applicant can apply for a determination of its trademark as a ‘well-known trademark’ along with evidence or supporting documents with the Registry and also by submitting the fees of Rs. 1 lakh
9. Now the renewal application for a trademark can be filed 1 year prior to the expiration of Registration instead of 6 months as was mentioned in the previous Rules.

What is the process of Registration for Trademark Application?

1. Trademark search is necessarily available at link http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx for ascertaining that whether the proposed mark is already in use or not
2. Filing of a trademark application in form TM-A

Individuals, Startups, and Small Enterprises

Physical filing fees- 5000

E- Filing- 4500

Other than individuals, small enterprises, and start-ups

Physical filing fees- 10,000

E- Filing- 9000]

3. After the receipt of the application by the Registry, the examination report will be issued mentioning the acceptance or objection of the application
4. Within a period of 1 month of communication of report, an applicant has to respond and if the applicant is not satisfied by the report and calls for a hearing, Registrar shall provide an opportunity for hearing
5. If the Registrar found that the application was accepted in error or by any other reason at his discretion Registrar may raise an objection before registration and within 30 days of communication by Registry, the applicant has to make amendment as per the requirement of Registry or can apply for a hearing. After the hearing Registry can pass order as it may deem fit.
6. If the trademark application is accepted, it will be published in the Trademark Journal i.e., will be available at official website of Controller General of Patents, Designs, and Trademarks.
7. Within a period of 4 months from the date of publication, the public has right to make an objection or oppose the application
8. If the application is opposed, Trademark hearing officer may call for hearing where the Registry will issue the notice to both the applicant and opposition party. After completion of a hearing, the officer can accept or reject the application
9. If accepted, Certificate of Registration will be issued to the applicant bearing a seal of Trademark Registry