Trademark Objection Reply

1. Trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another.

No, registration of a Trademark is not mandatory in India but it is advisable to do so.

There are numerous advantages to registering the brand name:

• A registered trademark provides greater protection
• It deters others from using your trademark
• Registering a trademark provides the trademark owner with greater remedies
• Protecting your brand from infringement claims

Who can obtain a trademark is depend on the applicant type:

• In case of an individual, the application can be filed in his own name.
• In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
• In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
• In case of a partnership, the name of all the partners is required to mention in the trademark application.
• In case of LLP, the trademark application must be made in the LLP name.
• In case of a company, the application must be made in the name of the company only.

When the application for trademark registration is filed the owner can use the symbol TM along with the mark, representing that the trademark for the word/mark is applied. When the certificate of registration is granted the owner can then use the symbol ® with the mark.

Following marks can be registered under the Indian trademark law:-

• Invented / Coined Words 
• Combination of colors
• Shape of goods

Yes, so long it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a web site may be found, such use is not sufficient. It must be used a source identifier for the goods or services.

A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

 collective trademark or collective mark is a trademark owned by an organization (such as an association), whose members use it to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization. Example-the "CA" device used by the Institute of Chartered Accountants.

Yes, foreign proprietors can apply for registration of trademark in India. The Indian trademark Law is TRIPS obedient and provides for protection of well-known trademarks and recognizes trans-border reputation.

A trademark is an incorporeal asset and is also a guardian of the commercial goodwill of a business. Monetary gains can be enjoyed by licensing and assignment of the trademark.

No, use of mark prior to registration is not mandatory in India. Trademarks that are proposed to be used can also be registered in India

A trademark search can be conducted in India on the Indian Trademark Registry’s Website.

A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.

A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration in India serves as the basic mark for the international trademark registration.

No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process easier. Only in case of TM hearing, one should have to present physically to answer the examiner.