Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and provide registration under the Trade Mark Act. On registration of a trademark, the R symbol can be used along with the trademark and the registration is valid for a period of 10 years. During registration, in case of infringement of trademark, a suit can be filed to prevent misuse of the mark.
Trademark renewal must be filed before expiry of the mark. The trademark renewal application form must be prepared and filed before deadline to enjoy seamless protection of the trademark without any chances of litigation.
FinPark is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. FinPark can help you renew an existing trademark. The average time taken to draft and file a trademark renewal is about 5 - 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark renewal by scheduling an appointment with an FinPark Advisor.
Important Aspects of Filing Trademark Opposition
Filing a opposition for a trademark application does not guarantee that the mark will be prevented from registration. Trademark registration is a process and the verdict on registration is provided only by the Trademark Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts based on expertise.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the reply to the objection sufficiently addresses all concerns cited in the Trademark Examination report, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.
Post filing of a trademark application, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark registration sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.
Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.
An FinPark Trademark Expert would determine the reason for objection and determine a course of action to address the concerns of the Trademark Examiner - cited in the Trademark Examination report.
Based on the discussion and course of action decided, a trademark opposition notice is prepared by the FinPark Trademark Expert.
On obtaining the consent of the client, the trademark opposition is filed with the Trademark Registry and the processing of the application is tracked.