Trade mark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. In India, trademark law is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The Act provides the legal framework for the registration, protection, and enforcement of trademarks in India. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trademark for goods and services and also to prevent fraudulent use of the mark. Trademark registration is a foundational step in brand building. A trademark serves as a legal protection for a brand’s identity, ensuring that no one else can use a similar name, logo, or slogan that could cause confusion in the marketplace. This protection is crucial for establishing a brand’s unique presence and reputation. The journey from securing a trademark to developing a strong brand and brand equity is complex and requires a blend of creativity, strategic planning, and effective resource management. Khurana & Khurana has been at the forefront of guiding corporations through this process, helping them develop robust trademark strategies and enforce their trademark rights globally, ensuring their brand identities are protected and poised for growth.

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Filing Requirements:

Applications filed at the Trade Marks Registry are required to be in a prescribed form. The application should generally include the following details-

• Name and address for service of person(s) making the application
• Description of the trademark
• Details and grounds of the action that is to be performed
• The appropriate class or classes, in relation to which the application is filed. An application for registration of a single trade mark may be made in respect of goods and/or services in one or more classes. However, a specification that claims registration for all goods, products or services etc. in a particular class would be regarded as too wide.
• Signature(s) of person(s) or on behalf of the person(s) making application,
• Date and place of filing
• Prescribed fee
• Statement of use showing the date since when the mark is used by the applicant, unless the trade mark is proposed to be used, which is to be mentioned specifically.
• Type of mark i.e. Word, Label, Device etc
• Two additional representation of the mark,
• Specification of goods and services (as per list of items published in the classification)

A Power of Attorney signed by the Applicant or an authorized person of the Applicant, in original.

Consequences of non-compliance of filing requirements

The Registrar will notify the applicant of deficiencies in the application with respect to the filing requirements and allow the applicant one month time to rectify the same. If the deficiencies are not rectified in the time allowed, the application may be treated as abandoned.

Examination Process

The Examiner scrutinizes the applications as to:

(a) Whether the filing requirements have been met;

(b) Whether the trademark applied for registration can be refused registration, on relative grounds and/or absolute grounds) under the Trademarks Act 1999, if yes, the reasons; and

(c) Whether any restriction, condition or limitation is required to be imposed, in case the application is accepted for registration.

Once the application made for registration of trademark is examined and any objection to acceptance of the application for registration is found, the examination report with objection(s) is sent to the applicant/applicant’s authorised agent and is also put up on the office website along with application details of the relevant application. The applicant or his authorised agent submits response to office objections. The response is duly considered, if objections can be waived on the basis of the applicant’s response and application is accepted for registration the same is published in the trademark journal. If no opposition to published application is received, the same is disposed in favour of the applicant and the application is moved for registration.

If the designated officer considers that even after applicant’s response the office objections cannot be waived, he shall move the case for hearing through the system. A hearing notice shall be sent to the applicant/agent/attorney concerned, intimating him about the application No. & date of hearing. The hearing notice shall be sent approximately 15 days before the date of hearing. The Hearing Officer shall dispose of the application through the system as per provisions of the Trade Marks Act & Rules and generate the order/letter to be sent to the applicant or applicant’s authorised agent concerned.

Opposition

Any interested party may oppose a Trademark application within four months from the date of advertisement of an application for registration in the Trademark Journal. In case there is an opposition to the proposed mark, the Registrar shall release a notice of such opposition to the Applicant, upon receipt of which the Applicant shall submit a counter statement of the grounds in support of his application. The registrar shall then invite both the parties for a hearing prior to announcing his decision.

Renewal

As per Section 25 of the Trade Mart Act, 1999, registration of a Trade Mark under Indian Trade Marks Act 1999 is valid for a period of ten years from the date of registration which may be renewed from time to time. An application for renewal shall be filed within six months before the expiration of the last registration of the Trade Mark. The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be.

Our Services

We at Khurana and Khurana understand the value of trademarks for its diverse clientele. We possess substantial expertise in conceptualization, development, and protection of trademarks, logo marks, and device marks in India and overseas. Our services include conducting thorough searches, filing trademark/brand name registration applications, drafting and filing responses to objections raised by the Trademarks Registry, and representing clients in hearings. We provide comprehensive evaluations to assess availability and registrability of trademarks, providing support throughout the registration process and assisting with maintenance activities post-registration. Our Firm takes pride in delivering a truly global service for managing our client’s brands. We regularly advise trademark portfolio owners across various sectors on the maintenance and enforcement of their trademarks worldwide.