Trademark Objection Proceedings of Trademark Registration in Cochin
Often during the registration process, the Trademark Registrar or private character might also increase an objection for Trademark registration. The article explains what steps require to be taken in case a trademark is objected.
What is a Trademark?
Companies and corporations use logos, designs or a sure set of phrases to pick out their merchandise as their own which is specific and distinguishable. These designs or phrases help make it easier for the consumer(s) to discover the brand, high-quality or even the foundation of the product. Therefore the marks that these companies use in the course of their change are known as Trademarks.
In India, trademarks are given the recognition of an intellectual assets and consequently is protected towards infringement below relevant law(s). The Trademark Act, 1999 (hereinafter referred to as the Act) governs the laws of trademarks along with its registration, safety and penalties. Such protection is for both the agency as well as the consumer. Trademark Registration under the Act is for a length of 10 years and may be similarly renewed for some other 10 years concern to timely charge of renewal fees.
Registration of Trademark?
The method of trademark registration is set out under Section 18 of the Act. Once you record an utility to register a trademark it could take among one to two years for it to be registered.
Once you file the application for trademark registration, you’ll be given an allotment number the use of which you could take a look at the repute of your utility. The system follows as such:
- First, the mark will cross for Vienna codification
- Then they may do formalities check, to see if the application has been filed with all required documents.
- Next, it’ll be marked for an examination. Which means it will be despatched to an examiner who will study the mark for any infringements of provisions beneath the Act
- If no troubles are seen then the exam record may be issued.
- After the exam file is issued the mark will be published inside the Official gazette, the Trademark Journal.
- Upon publishing it inside the Journal of 3 months, which can be prolonged for an additional month, can be open for the general public or 1/3 parties to object to the registration of the trademark.
- If there are no objections then the trademark will be registered and the applicant could be given the trademark registration certificate and he could be protected for ten years from the date the application become filed.
An objection is one of the preliminary stages inside the trademark registration process. It can be filed through either the Examiner/Registrar or any third party . An Examiner/ Registrar may record an objection beneath Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on frequently two grounds –
- If the trademark application consists of incomplete/incorrect information ; or
- If there may be already a similar trademark(s) in existence.
A third party may item to the registration of a trademark inside the potential of public interest. There are methods where a 3rd party receives a danger to object to the registration of a trademark.
- When the mark is posted the Trademark Journal or,
- When the applicant makes use of the mark earlier than its trademark registration. In this case, the reputation of the utility may be changed to Advertise Before Acceptance.
Upon filing an objection, the repute of the utility will trade to “Opposed”. While submitting an opposition the individual opposing it should consist of the grounds upon which he is opposing the trademark registration. The examiner will offer the applicant due possibility to guard his software as in keeping with the technique laid out underneath the Act.
How to respond to an objection?
Once an objection is filed the applicant might be given due observe about the objection as well as the grounds of objection.
- The first issue one need to do is record a counter announcement to the objection.
- This ought to be finished inside 2 months from the date of receipt of the notice of objection
- Failure to record an objection inside 2 months will trade the status of the application to Abandoned.
Once the counter is filed, the Registrar may also call for a hearing to if he regulations in favour of the applicant the trademark will be registered. If he guidelines in favour of the opposing party, the trademark might be removed from the Journal and the application for registration could be rejected.
At this juncture, the applicant can also file an enchantment to the Intellectual Property Appellate Board (IPAB):
- The appeal should be filed inside 3 months from the date of the order passed with the aid of the Registrar.
- If an appeal is filed after the duration of three months, the applicant must nation the motive for the put off by means of filing a petition for condonation of delay with a first-rate of Rs 2,500. If the purpose is accepted by way of the IPAB the appeal can be published for listening to.
- The submitting ought to be finished in step with the rules prescribed in Trademarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules (hereinafter known as Trademark rules).
- All of the documentation have to be verified through the applicant
- Every application should then be encouraged by the Deputy Registrar on the date of on which the application is presented
- If the Deputy Registrar unearths any defects with the utility he will supply be aware of the same
- The defects need to be fixed and the utility should be resubmitted within 2 months with the aid of the applicant.
- Failing to do so, the Deputy Registrar will deem the trademark registration application to be Abandoned
- If the application is located to be in order, the Deputy Registrar will register the case and could allot it a serial number.
Once the case is registered the IPAB will pay attention the case. The vicinity of the hearing could be determined upon the jurisdiction below which the case falls in line with rule 2(m). A date can be given for the hearing to of the case. The hearing to will comply with as such.
The IPAB will determine on the case primarily based on the submissions made by using the two parties.
If one third party fails to provide themselves at the day of the hearing, the IPAB can:
- Rule at the deserves of the case
- Give an order ex parte (in the absence of one celebration)
- Dismiss the case
If the case is disregarded or is ruled ex parte a period of 30 days from the date of the ruling is given to record a petition against the sooner order.
The case will be heard and the order surpassed by the IPAB will stand. If the applicant is aggrieved by using the order handed via the IPAB he nevertheless has the option to record an appeal to the High Court with in a position jurisdiction. Subsequent appeals can also be filed to the Supreme Court of India.
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