What is a Trademark?
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In order to distinguish their products from the competition, companies and enterprises use logos, designs, or a certain set of words. By using these designs or words, consumers can easily identify the brand and quality of a product. As a result, these companies use trademarks to identify their goods and services. A trademark in India is recognized as an intellectual property under applicable law(s), and is therefore protected from infringement.
Trademark law, including its registration, protection, and penalties, is governed by the Trademark Act, 1999. Consumers and companies are both protected by such laws. If the renewal fees are paid in time, the trademark registration under the Act is valid for another 10 years. Get to know more about trademark objection reply.
Registration of Trademark?
Section 18 of the Act outlines the process for registering a trademark. Once you file an application to register a trademark it can take between one to two years for it to be registered. Once you file the application for registration, you will be given an allotment number using which you can check the status of your application. The process follows as such:
First, the mark will go for Vienna codification
Section 18 of the Act outlines the process for registering a trademarkh all required documents.
In Section 18 of the Act, trademark registration is outlinedminer who will examine the mark for any infringements of provisions under the Act
Section 18 of the Act outlines the process for registering a trademark
In the Act, Section 18 outlines the registration process for trademarkse, the Trademark Journal.
In the Act, Section 18 outlines the registration process for trademarks an extra month, will be open for the public or third parties to object to the registration of the trademark.
As outlined under Section 18 of the Act, the process of registering a trademark is outlinedt will be given the registration certificate and he will be protected for ten years from the date the application was filed.
Objection
An objection is one of the initial stages in the registration process. It can be filed by either the Examiner/Registrar or any third party. An Examiner/ Registrar may file an objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on primarily two grounds –
If the application contains incomplete/wrong information ; or
If there is already a similar trademark(s) in existence.
As a matter of public interest, a third party can object to the registration of a trademark. The right to object to a trademark registration can be exercised in two ways.
When the mark is published the Trademark Journal or,
A mark is used before it is registered by the applicant. Adv Before Acceptance will be assigned to the application in this case.
Upon filing an objection, the application will be marked “Opposed”. An opposition must include the grounds on which the opposing party opposes the trademark registration. According to the Act, the examiner will provide the applicant with an opportunity to defend his application.
How to respond to an objection?
The applicant will be notified of the objection along with its grounds as soon as it has been filed.
An objection must first be countered.
After receiving the objection notice, the notice of objection must be addressed within two months
An application that does not receive an objection within two months will be classified as abandoned.
If the Registrar rules in favor of the applicant after the counter is filed, the trademark will be registered. He will remove the trademark from the Journal if he finds in favor of the opposing party. Applicants may appeal this decision to the Intellectual Property Appellate Board (IPAB):
After the Registrar’s order is passed, an appeal must be filed within 3 months.
In the case of an appeal filed after the period of 3 months, the applicant must state the reason for the delay by filing a petition for condonation of delay with a fine of Rs 2,500. An appeal will be posted for hearing if the IPAB accepts the reason.
In order to file a trademark application, it must comply with the Trademark (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules (hereinafter the Trademark rules).
It is the applicant’s responsibility to verify all documentation
A Deputy Registrar must then endorse every application on the date of presentation
In the event that the Deputy Registrar finds any defects in the application, he will notify the applicant
Applicants must fix the defects within two months and resubmit their applications.
Failing to do so, the Deputy Registrar will deem the application to be Abandoned
An orderly application will be registered by the Deputy Registrar and a serial number will be assigned.
The IPAB will hear the case once it has been registered. In accordance with rule 2(m), the place of the hearing will be determined by the jurisdiction under which the case falls. A date will be set for the hearing. As such, the hearing will take place.
Based on the submissions made by both parties, the IPAB will make a decision.
IPAB can take the following actions if one party fails to appear on the day of the hearing:
Judge the case on its merits
Ex parte (without one party present): Give an order
Dismiss the case
If the case is dismissed or ruled ex parte, the petitioner has 30 days from the date of the ruling to challenge the earlier order. IPAB will hear the case and uphold its decision. A high court with competent jurisdiction is still available to hear appeals from IPAB orders if the applicant is aggrieved. A subsequent appeal can also be filed with the Supreme Court of India.
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