India Trademark Law
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INDIA TRADEMARK LAW
In a country where people are enthusiastic about starting their own businesses and there are many different types of companies, it’s really important to know about Indian trademark law if you want to keep your brand name safe. This detailed guide will help you understand how trademark laws work in India. It gives you useful information and practical tips to make sure your brand or business name is protected and belongs to you.
IMPORTANCE OF TRADEMARKS UNDER INDIAN LAW
Trademarks are like the foundation of a brand and help people recognize and remember products. In India, if you register a trademark, you get special rights that stop others from using it without your permission. This stops confusion and helps your brand’s reputation and value grow.
KEY ELEMENTS OF INDIA TRADEMARK LAW
In India, there’s a law called the Trademarks Act of 1999 that sets the rules for protecting trademarks. Some important things in this law are:
- Distinctiveness: The trademarks should be unique and not just describe what the product or service is.
- Infringement: If someone uses a similar trademark without permission and confuses people, it’s against the law.
- Well-Known Trademarks: Famous trademarks get extra protection, even if they’re used for different things.
- Assignment and Licensing: Trademarks can be given to someone else or allowed to be used by others, but there are rules for this.
So, this law helps make sure trademarks are special, not confusing and can be shared or given to others in certain ways.
TRADEMARK REGISTRATION PROCESS IN INDIA
STEPS INVOLVED IN TRADEMARK REGISTRATION
- TRADEMARK SEARCH
The first step in the trademark registration process is the trademark search which is required to ensure that your mark is not similar/deceptively similar to any other mark to avoid conflicts in future.
- TRADEMARK FILING
After successful search, trademark is filed in the form TM-A, with attached documents like TM-48, Affidavit, Invoice, MSME certificate etc. either offline or online. Online trademark registration for brand name and logo is quick and effective. In case of an online filing, acknowledgement receipt with application number is instantly generated on the government portal. After receiving acknowledgement, one is eligible to use TM symbol beside the brand name.
- FORMILITIES CHECK PASS
If the basic requirements of the trademark application are complied with like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”, otherwise the status shows “Formalities check fail”. If status is “check fail”, all the objections to be complied within the prescribed period to keep the application alive.
- VIENNA CODIFICATION
This stage of application for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.
- MARK FOR EXAM
In this stage, trademark application is assigned to the examiner, who either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection.
An examination report of a trademark is issued by an Examiner on the following grounds:
- Mark is objectionable under Section 9 of the Trademark Act (absolute ground)
- Mark is objectionable under Section 11 of the Trademark Act (relative ground)
- Whether any condition, limitation or restriction is required to be imposed.
Whenever an examination report is issued, appropriate reply to be submitted within one month to keep the application alive.
6.OBJECTED
In this stage, application is kept waiting for hearing. Application which reply are submitted generally show the status “Objected”. The applicant is required to submit Affidavit, user documents etc. before the hearing.
At the time of hearing, hearing officer will hear the arguments of applicant/attorney/agent and pass necessary orders accordingly.
7.ACCEPTED & ADVERTISED
If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition within the Journal period.
8.REFUSED
If the hearing officer for any reason, do not accept the application, it is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.
9.OPPOSED
In case, after the advertisement of the trademark in the Journal, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.
A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.
The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.
After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.
10.WITHDRAWN
The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.
11.REMOVED
The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.
12.REGISTERED
When there is no objections or opposition against a trademark within the stipulated period, the trademark is registered, granting the owner the exclusive rights to use the mark with symbol ® with the specified goods or services.
13.RENEWAL
Under the Trademark Act, 1999 registration is valid for 10 years from the date of application. Before expiry it has to be renewed for another 10 years to remain as registered trademark. If registration is renewed after time penalty is imposed, which is known as “surcharge”.
TYPES OF TRADEMARKS RECOGNIZED IN INDIA
In India, there are different kinds of trademarks you can have:
- Word Marks: These are special words or groups of words that are unique.
- Logo Marks: These are one-of-a-kind drawings, symbols, or pictures.
- Sound Marks: These are special sounds that people can recognize.
- Shape Marks: These are unique shapes that stand out.
- Color Marks: These are specific combinations of colors.
BENEFITS OF REGISTRERING A TRADEMARK IN INDIA
Registering a trademark in India provides lots of benefits, like:
- Legal Safety: You get special rights and can take legal action against people who copy your trademark.
- Stand Out: Your brand becomes special and easy to recognize.
- Stay Ahead: Other companies are less likely to copy your trademark because they know you own it.
- Valuable Possession: Trademarks can become really important for your business and have value.
- Go Worldwide: It can also help if you want to expand your business to other countries and protect your brand there.
ENFORCEMENT AND PROTECTION OF TRADEMARKS
Using a similar trademark without permission is called infringement. To fix this, you can get help from the law. They might stop the other person from using it, make them pay for any harm caused, or even punish them with legal action. It’s important to act quickly to keep your brand safe.
Your trademark is protected for ten years and can be protected forever if you keep renewing it after every ten years. Renewing means keeping your brand safe without any breaks. If you don’t renew on time, you might lose your rights to the brand.
EXPERT TIPS FOR NAVIGATING INDIA TRADEMARK LAW
Experienced legal professionals give advice for navigating India’s trademark rules:
Do Your Homework: Before you apply, do thorough searches to make sure your brand is unique.
Ask for Help: Talk to trademark experts who know the rules well.
Keep Records: Remember to keep papers about how you use and take care of your trademark.
CONCLUSION
In India, trademark law is really important for protecting your brand in a changing market. If you know about how it works, how to register your trademark, and what happens if someone copies it, your business can do well even when there’s a lot of competition. This also helps customers trust and like your brand. Making sure your ideas are safe by registering your trademark is like investing in your future and leaving a mark in the world of business that lasts a long time.
FAQ's on Indian Trademark Law
A trademark is like a special label that protects the name and signs of a product or company, showing it’s different from others, and can belong to anyone like a person or a business.
A good trademark is one which is distinct, unique and not similar to any other trademark. Invented and coined words are generally safe. It is not advisable to adopt geographical name, personal name, surname or name which is descriptive of the goods.
A trademark can be applied by individual, firm, company, and other legal entity.
there is no fixed time, if the trademark is not objected then registration takes place within 6-12 months.
the registered Proprietor of a trademark can take action others for infringement, passing off, compensation for violation of reputation and goodwill
For 10 years, after that it has to be renewed.
the trademark which is maintained digitally, contain every details like application number, class, filing date, user date, trade name, proprietor details, goods details, expiry date, attorney details etc.
Yes, by filing TM-M with requisite fees.
For each class one trademark application is filed.
