Can a registered trademark be challenged in india [Expert-Advice]

Last updated : Aug 27, 2022
Written by : Mohammed Mensch
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Can a registered trademark be challenged in india

Can a registered trademark be challenged?

A person can appeal to cancel the registered trademark only if they have been affected by the existence of such a trademark. The authority validates it under the following grounds: When it confuses or dupes any existing trademark. When a different person uses it and not the registered owner.

How do I oppose a registered trademark in India?

Any person can file for trademark opposition to the Registrar within four months from the date of advertisement of the registration application in the trademark journal by giving a notice in Form TM-O and payment of fees.

Can a registered trademark be Cancelled?

A registered trademark is open for cancellation on the application of a person aggrieved if the mark has not been put to commercial use for a period of five years from the date of registration. The necessary point is that it is after the registration date.

Can a trademark be opposed after registration?

Time Limit for Trademark Opposition After the trademark advertisement in the Trade Marks Journal, any person can oppose the trademark registration for three months (which may be extended by a period not exceeding one month).

Can you object to a registered trademark?

Opposing a published trade mark. Opposition is the legal procedure that allows you to try to stop a published mark going on to become registered. You can oppose the entire application, or only some of the goods or services it covers.

How do I oppose a trademark registration?

If the mark has been published for proposed registration on the Principal Register, the party—usually the owner of a competing mark—can oppose the registration. The opposition must be in writing and be filed within 30 days of the proposed mark's publication in the Official Gazette.

What happens when someone opposes your trademark?

If someone decides to oppose your trademark, they file a notice of opposition. This notice will list any and all allegations and their reasons why they believe your application should be rejected. Once the notice has been filed, you have 30 days to answer.

How long does a trademark opposition take?

Approximately 4 to 6 weeks after being approved for publication your trademark application will be published for opposition for 30 days. During this period any party wishing to object to the registration of the trademark.

How many years does a registered trademark last?

Life of a trade mark Your trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after.

How can a trademark be removed from the register?

If a registered trademark in India has not been used for a continuous period of five years from the date on which the trade mark is actually entered in the register, it can be removed on an application by third party for rectification or cancellation made in prescribed manner by filing request before Trade Marks Office ...

How do I file a trademark objection?

  1. The examiner, public or third party can file an opposition within four months.
  2. The status of the application will be change to Opposed.
  3. The grounds of opposition is stated.
  4. After this, notice the applicant about the opposition, and the grounds stated.

How do I complain about a trademark?

The incoming board lines for O/o CGPDTM, Patent Office & Trademark Office Mumbai are: 022-24141026, 022-24112211, 022-24159192 & 022-24159194.

How do you overcome trademark objections?

You should provide exact items in respect of which the trademark is sought to be registered, by filing a request on form TM-16.” Corrective Action: The applicant can overcome an objection on the specification of goods or services by requesting to correct trademark application by filing a request on form TM -16.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

Can I use a trademarked name for a different product?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

Can you sell a trademark?

Unlike patents, trademarks are associated with a product or a business and are not sold outright. Trademark ownership can be transferred along with ownership of the business or product the trademark represents. For example, if you sell your business, you may sell the trademark rights to the logo along with it.

Can objected trademark be used?

Trademark Lacks Distinctive Character To overcome a trademark objection under absolute grounds for refusal, the trademark applicant can submit proof to show that the mark has acquired a distinctive character by virtue of its prior use.

What is trademark objection?

A trademark objection occurs when a trademark examiner, public or a third party objects to the registration of a particular trademark. The Government trademark examiner can object to a trademark registration application by seeking valid explanations about the mark.

Why is my trademark objected?

The term 'objected' implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark.

Can brand name be copied?

Trademark is one of your business' key assets. If someone uses it without due permission, yo. Trademark registration ensures certain rights and privileges to the owner and protects them from being ripped off or copied by imitators. It prohibits the use of the same logo or design by others.

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Can a registered trademark be challenged in india

Comment by Iola Mccraight

today I'll be talking about business lessons one of warning while trademarks are open for any brand strategy why protecting your brand by way of filing trademark applications is the need of the art we do understand when we file our brand the main concept of even filing a trademark application is that the consumer is able to and if I the way you're doing your business you of the trademarks which are very very important in the history of mankind and to start with I'll start with Starbucks so whenever we see the Starbucks so it is actually depicting a portraying a star and it is actually connecting with the consumer and that's why they are able to charge a premium so that is one of the examples we can talk about Tesla we can talk about BMW we can talk about any company even in India if we talk about reliance if we talk about Airtel they have these color combinations which are very very evident and with which a consumer can understand why a brand is so important even the mark of Mark and Spencer H&M if you name it and you have it so these brands do have a tagline also so they do protect the taglines and this is the way you actually harvest intellectual property and file multiple applications one can be for the locu one can be for the tagline third can be a combination of both a week of litigation which has been going on in India for over a decade or over the years is our cheese our cheese has not been able to get the trademark in the domestic market you to understand a lot of litigation is going in India whereby both the parties are fighting on brand names how consumer is able to identify your brand name so how do we upward in the market when we talk about a trademark you file a trademark application you get a trademark register and then the trademark is there for 10 years you need to file a renewal now when we talk about renewal why there's actually a need of filing renewal when government is granting a protection for your brand it is expecting that you would be doing business under that particular brand and if you're not doing business in that particular brand it is an open market so you should understand that you can even sell your brands and a renewal process is very very necessary or what we are trying to do or in the year 2018 is to assess global clients in who have filed the trademark applications we would be or providing our service which is called as trademark watch if you or any of your clients have filed a trademark applications and would like to move the current status or what is the current legal status of your trademark application in India we would be happy to assist we can also assist with filing caedm approvals before the trademark office you should note that when you're filing for trademark you also have to provide the company corporation certificate if you're based in any other country or any other identity of your so we will be happy to assist you with the trademark applications in India and something which is very very Oh something very close to my heart is the word cognitive resonance so when we talk about cognitive resonance is like you're doing your business and you know you're resonating at the same frequency and there's another term which is uh nowadays very much applicable while doing business is cognitive dissonance so resonate at a frequency whereby you can actually relate to your consumers because the need of the art is to serve the consumers and if your consumers or your end customers are happy that will give you more satisfaction that will give your business rise and if you have any questions related to how to generate intellectual property rights and generate a portfolio which would be of importance or not only to your business because once your business starts to grow you would be employing more people so it is a ripple effect and have that ripple effect you have to be a very diligent or in working I'm pretty Costigan founder and CEO of TC RS India if you have any questions related to intellectual property rights I'll be happy to assist look forward to meeting you guys in 2018 and working towards creating a better society not only India but globally what firstly fee this it is the era of intellectual property you need to create that intellectual property because we are already in technology for ed of where everything is technology driven 5g is going to come in India very soon so we are going to see a lot of technology and when we talk about technology innovation protection goes hand-in-hand have a great day and helper bye

Thanks for your comment Iola Mccraight, have a nice day.
- Mohammed Mensch, Staff Member

Comment by parketomI

Thanks for this interesting article

Thanks parketomI your participation is very much appreciated
- Mohammed Mensch

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