Sandeep Hegde M. sandeep@brainleague.

com

Why should I register my trademark?

My goodwill is associated with my trademark Prevent others from using my trademark Passing off actions-high degree of proof

Proof of first use

Proof of ownership Proof of actual damage

Registration will help me acquire domain names from squatters

Identification of Class
Protection only under class in which registered 34 Classes of Goods 11 Classes of Services Classification based on International System of Classification

Trademark Search
Trademark Register- Public Document Online Search- www.ipindia.nic.in Search for
Identical

Similar

Phonetically Similar Visually Similar

Journal

search for Device marks

Application
Appropriate office- Delhi, Mumbai, Kolkata, Chennai and Ahmadabad Single class or Multiclass Limitation as to Colour Application in Prescribed form with fees

Online Filing Hard copy filing

Absolute grounds of Refusal (Sec 9)

Devoid of Distinctive Character Descriptive (of kind, quality, quantity) Customary (Generic)

Exceptions
Acquired distinctiveness Well known trademarks

Sec. 9 Continued
Deceptive (Confusing) Hurts Religious Sentiments Obscene or Scandalous Shape of goods
Resulting from very nature of goods

Necessary to obtain technical result

Gives substantial value to the goods

Relative Grounds of Refusal (Sec 11)

Likelihood of Confusion due to Identity with earlier mark and similarity of

goods/services Similarity with earlier mark and similarity of goods/services Identity/Similarity with an earlier well known mark irrespective of similarity of goods/services

Marks barred by law

Examination Report and Response

Objections based on Absolute and Relative grounds of refusal Response to Examination Report Hearing on Objections

Acceptance Refusal Conditional Acceptance

Advertisement and Opposition

Advertisement After Acceptance Advertisement Before Acceptance

Opposition by third parties

Within 3+1 months of advertisement Registrar to call for hearing Decide on merits

Registration

Where a mark is accepted and

Opposition period has expired; or
Decided in favour of Applicant

Issue Certificate of Registration Valid for 10 years from the date of application Renewable for subsequent 10 year periods

Removal and Rectification

Any mark erroneously entered Person having prior usage/prior registration Correction of errors Removal of a mark

Rights

Exclusivity of Usage- for the goods/service

Right to prevent others

Right to claim remedy for infringement

Registration Pending

Registered

Thank you

www.sinapseblog.com www.onlineipcourses.com www.ipracademy.com sandeep@brainleague.com