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Jan, 2020

Trademark registration And Its Challenges

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The identity of a company is protected through the ‘Trademark Registration’ with the Ministry of Commerce and Industry. This is a means to establish a strong brand identity and gain popularity among consumers.

Points to consider before registration

  1. Check whether the trademark you want is available through Trademark Electronic Search System(TESS)
  2. If it is available, finalize the design which can be a text, symbol or both together.
  3. Select the category of product or service that will be provided for the customers
  4. If you are not based out of the US, a lawyer should represent you to get the licensed trademark.
  5. To prevent others from copying the name refrain from adding any domain extensions to the trademark. Check Out – https://www.bananaip.com/ip-news-center/2019-trademark-statistics-a-recap/ Recap On 2019 Trademark Statistics.

Some Challenges In Registering A Trademark

  1. The application for a trademark is made on a wrong application, the trademark examiner will raise a concern.
  2. The application must have all the names of the partners with correct spelling as per records. Any discrepancies in this will lead the examiner to raise a concern
  3. In case the applicant has not mentioned the address of the business, a concern is raised which can be corrected by filling the TM_16 form
  4. If a large number of goods and services mentioned in the application are too vague or unclear, the examiner can raise a concern.
  5. If the trademark sought bears any similarity or resemblance to something that already exists, then an objection is raised where the applicant has to justify his/her trademark with proof that it is different from the one that is already existing.
  6. A trademark is branded as devoid of distinctive character when it is not eligible to distinguish the goods and services of one person from another.
  7. An objection is raised by the trademark examiner when he feels the trademark can deceive the public in terms of use, nature and quality.

Picture Depicts The importance of Trademark Registration To Implement The Measures.

Procedure For Registering A Trademark

  1. Fill in the online application via TEAS(Trademark Electronic Application System)
  2. Once the application is filed, it becomes public property. This cannot be changed.
  3. It takes about 6 months for the application to be approved. After applying, the application is put for scrutiny by the trademark office.
  4. Checking at regular intervals on the TSDR site for updates.
  5. Once the Patent and Trademark Office reviews the application, examining officers check whether all detailed are filled as per the rules and requirements of the applicant
  6. A stipulated amount is to be paid as a fee, which depends on the class. Any request for extension will draw additional fees.
  7. In case any default is found by the examining officers, an office action(letter) is issued and the corrections will have to be made within the stipulated period.
  8. If corrections are not made within that time, the application will stand rejected by the issuing office.
    Upon completion of all procedures from the trademark office’s side without any objection, the trademark/brand of the company is published in the official gazette.
  9. A time period of 30days is given for the competitive and opposition companies to raise any disputes.
  10. The intent of usage of the trademark is checked and the procedure is finally completed.

The biggest drawback of the trademark is it is limited within boundaries.

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