Trademarks can be objected to by the examiner, public, or any other third party when it is applied for registration. It occurs during the initial stage of the trademark registration process when the examiner objects the trademark application because of a few reasons. The objection can’t be the purpose for rejection; in any case, the registrar looks for additional explanations and clarification about the logo and its legitimateness. The third-party can also object to the trademark for the sake of public interest. There are two different  ways when a third party or public can object the registration of a trademark:

At the point when the trademark is distributed on Trademark Journal. In case the candidate utilizes the mark before its registration. When the trademark status objection is received, within a month or in the recommended time period the applicant should document a comprehensive objection reply.

Trademark Registration in India

Taking a trademark registration online would help a business entity make use of certain symbols or even words that represent the business and the products or the services made available by them. This will also help in marking the products and services offered by them as unique ones when compared to the competitors or the rivals. And the trademark registration taken by one person or business cannot be taken by any other person or business entity. It acts in the form of an asset that would equip the business to protect its brand name which is a major part of its credibility and identity.

Eligibility for Availing Trademark Registration Online in India

• Individuals
• Business entities
• Non-Profit Organizations
• Proprietorship entities
• Joint Venture
• Foreign Company
• Indian Company
• LLP or Limited Liability Partnership
• Trust
• Society

Types of Trademark Registration Online in India

The types of trademark registration online that can be taken in India have been discussed below:

Product Mark

This is majorly representing the product or a good that is sold by an entity. It will help in marking and registering the origin of the product which would help the entity maintain its credibility. The trademarks application made from 1 to 34 are considered to be the ones taken for marking the products or the goods.

Service Mark

It is marking a service rather than a product for distinguishing the proprietors from the real owners of such similar services being provided. It shall be filed under the class of trademarking starting from 35 to 45.

Collective Mark

It is used for calling out to the public the differential features or attributes that are held by a product or a service which is representing a collective of the same. This can be used by both individuals and groups such that they can collectively protect the goods or services and such entities can either be a company formed under Section 8 of the Companies Act, an association, or even a public institution.

Certification Mark

This helps in denoting the origin, the quality, material used, and other specific details of the products which are being sold. This is basically done to provide customers an assurance that the product is certified and marked after making itself taken through several quality checks and standard tests. This type of trademark registration online is generally sent on foods that come packed or even toys.

Shape Mark

This will help in marking and protecting the shape of a product which would make it easy for consumers in the market to relate it directly with the particular producer of the goods and buy it from them along. But it is important that the product is having a noteworthy shape.

Pattern Mark

This can be done for those products which are having a noteworthy pattern which is acting as the factor differentiating and distinguishing the same from the other products. For this, the patterns should stand out and should be remarkable and unique.

Sound Mark

This is the marking given for a sound that can be associated with a product or the service that is having its origin with a certain vendor of the same. It is also known as audio mnemonics and is seen either at the beginning or end of an ad, say the IPL tune.

• Procedure for Trademark Renewal in India

  The trademark renewal in India can be either a change to be made to the logo or emblem of the trademark registration or it can be made without any change made to the trademark.

   

  The procedure for renewal of trademark would include the following:

  • 1. The application for renewal of the trademark should be done in Form TM-R.
  • 2. The application for renewal should be made either by the applicant or the holder of the trademark or an authorized representative entity assigned by the applicant.
  • 3. The renewal made shall be valid for the next 10 years and the application status should be constantly verified by the applicant so as to ensure that the registrar has processed and proceeded the same.
  • 4. The official gazette namely the trademark journal belonging to the trademark registry governing the acceptance or rejection of the trademark would advertise the accepted trademark.
  • 5. The fees for renewal shall depend on the type of filing: – Online filing
    INR 9,000/- – Physical filing
    INR 10,000/-.

  Trademark Restoration

  Often, we can see arising of circumstances where business owners or the management fails to renew the trademark on time or the date of expiry. In such cases, the trademark holder can restore the same pertaining to section 25(4) of the Trademark Act, 19999. But it should be done within a maximum of 12 months from the date of expiry along with the payment of fines with the prescribed fees.

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