 Trademark search of the existing database of trade marks registry under the prescribed class. Trademark search is an elaborate process to ascertain that no similar or identical marks previously exists in the database either as a registered or a pending trade marks. This is an extremely careful step because if any registered or pending mark for registration already exists in the same class then the earlier proprietor may initiate a legal action for compensation on damage of his infringed trademark. A class in trademarks means an internationally agreed multinational treaty of 45 broad categories of goods and services under which all the manufactured goods and provided services are included conveniently. For example, Class 5 stands for medicinal and pharmaceutical products, class 29 for milk products, class 30 for tea and class 42 stands for restaurant and hotel services. Trademark Registration is a global service and a multinational corporation in any country of the world can apply for trade marks protection of his corporation in India. In such scenario trademark search must be precise, update and exhaustive requiring the skill of an ingenious professional.
Application for Indian Trademark Registration is a detailed procedure of neatly filled up forms in multiple copies, duly signed by the authorized signatory in many required placed on Form TM-1 Trade Mark Rules 2003 administered by the appropriate jurisdiction of trademarks registry. The logo or the brand of a trade marks may be a word or letter or device or numerals or a combination of elements graphically presented and embossed on for TM1 equally in 8 copies of form TM-1 and Representation and deposited with required fee in the appropriate jurisdiction of Trademark Copyright Registration situated in 4 metro cities and Ahmedabad.
Reply to Examination Report is a draft of justification statement documenting all the evidence available in favor of the applied trademark, which have been objected by the examiner during the process of examination of the trademark for registration. Each and every trademark after application must be examined by the examiner to ascertain the fitness for registration and objections are raised as a matter of legal formality to seek further evidence in the form a written statement. Para wise professional writing of reply is required for enabling the trademark to move from objection stage of publication of advertisement in trademark journal published fortnightly by trademark registry.
Opposition in form TM 5 to the advertised mark in trade Marks Journal within in the prescribed period by an opponent or a competing rival in the same trade cannot be ruled out. The furious competition between multinational companies to occupy the top position in any industry is a known fact and as such at least 30 percent of trademarks are opposed and struck and cannot move to Registration without clearing the opposition. The opposition filed by the opponent has to be fought dexterously before the assistant registrar of trademarks with the opponent who required legal acumen, skill and sharpness of an experienced attorney and loosing in opposition is same as loosing the trademark and registration of opponent’s trade mark in place of applicants trade mark.
Renewal of trademarks after every seven years of every registered trademark is a mandatory provision and with application for renewal with prescribed fee means abandonment of a registered trade mark even if it is well-known or existing since centuries in many countries. Renewal is an application within due period required constant watching of registered trade marks of the clientele and information to the proprietor in well advance that a renewal is due in a definite time requires utmost sincerity and professionalism.
Post Registration changes in a registered trademark by assignment and transmission of trademarks is regular phenomena of trademarks. In the open market purchase and sell of intellectual property is common in the age of merger and acquisition. In such a case, smooth passage from one hand to other requires documentation and preparation of evidence and filling with required fees demands productive expertise. Millions of dollars are invested for intellectual property rights and protection and registration of brand names are crux of a successful organization in the well-informed society of intelligent consumers, who are always ready to switch brand loyalty from one product to another.
Trade Mark Registration Service provides all the above services efficiently to all clients in country and abroad efficient since a decade.
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