IPR Studio have trademark attorneys having extensive experience to provide comprehensive range of trademark solutions helping YOU grow, enforce, protect and maintain a trademark portfolio aligning with your business.
Registration of trademarks is beneficial for business owners as it helps them to protect their goodwill and prevents unwarranted copying and infringement of goods. The Trademark Registration process is laid down under the Trademark Act, 1999 and the Trademark Rules Act, 2017.
The stages of the trademark registration process can broadly be characterized into the following stages:
1. Trademark search:
The first step in the trademark registration process is “Trademark Search“. Trademark Search is a preliminary search conducted to ensure that the proposed trademark does not violate any existing registered trademark and abides by the laws related to the trademark. Thus, before an individual makes an application to register a trademark it is advisable to conduct a trademark search for use of the proposed trademark in connection with certain goods or services.
Advantages of conducting a trademark search are
A trademark search report is generated after a trademark search highlighting relevant details and matches for the proposed trademark.
2. Filing of Trademark Application
After reviewing the trademark search report, an application for the registration of the trademark is filed with the Trademark Registry. The application has relevant details like Logo or the Trademark Name and address of the trademark owner Classification or Trademark Class Trademark used since date Description of the goods or services.
The trademark application is generally filed in the Trademark Office within the jurisdiction of the place of business of the applicant. An application can be filed as either a manual application in the Trademark Office or as an online application through the Online Trademark Search facility.
After acknowledgement of the trademark, a trademark application allotment number and the Trademark applicant can start using the trademark symbol (TM) next to the brand name.
3. Examination of Trademark
After filing the trademark application, the trademark application enters the stage of examination where the designated Trademark Registrar ensures that the application abides by the substantive and procedural laws governing Trademarks. The duration of the examination process ranges from six to eight months from the application date.
The Trademark Registrar issues an Examination Report highlighting the distinctiveness and similarity of the proposed trademark with existing trademarks. In particular, the examination report outlines the objections against the trademark under Section 9 and Section 11 of the Trademarks Act, 1999.
Objections under Section 9 which relates to marks that are descriptive of the goods or its generic nature or quality, can be defeated by showing that the trademark has acquired a distinctive character as a result of being used extensively.
Objections under Section 11 is made when there are identical or similar trademarks in existence in that particular field to which the product relates.
The applicant has to respond to the raised objections within one month from the date of receipt of the Examination Report. If not, the trademark application will be abandoned by the Trademark Registry due to the lack of prosecution.
When a response to the Trademark Examination is accepted, then the trademark is published in the Trademark Journal. And, if the response has not accepted the applicant can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration then the trademark is published in the Trademark Journal.
4. Publication in Trademark Journal
After dealing with the objections, the trademark application is published in a Trademark Journal giving the opportunity for the general public to raise any objections related to the Trademark application.
If any concerned third party can file the trademark opposition within three months (with a one-month extension) from the trademark publication date. In case objections are raised against the application, a hearing, if needed is held where both parties are given a fair chance to present their cases. Based on the hearing and the evidence put forward by both parties, the hearing officer will give his judgement.
Any decision pronounced can be appealed before the Intellectual Property Appellate Board.
5.Certificate of Trademark Registration
If there are no objections brought forward within the four months since the publication of the application in the Trademark Journal, the Certificate for the Trademark registration is awarded.
6. Trademark Renewal
The registered trademark is valid for ten years and can be renewed on payment of the renewal fees.
Ans: A Trademark is an Intellectual Property asset obtained for certain names, recognizable sign, symbols, designs, devices, or words or expression associated with the company’s corporate, product brand and identity. A trademark is a sign capable of distinguishing the goods or services of one enterprise from its competing enterprises. Trademarks used to identify services are usually called service marks.
Filing a patent application in the Indian Patent Office is the first step for securing a patent to your invention in India. To file a patent application, a set of forms has to be submitted to the patent office. The forms can be submitted either online (https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin) or offline by submitting hard copies at any of the patent office.
Patent prosecution is the patent process required to obtain a patent which involves interaction between the Assignee/Inventor or his legal representative and Patent Office with respect to his patent application.
Before applying for trademark it is very necessary to conduct a trademark search to identify potential conflicts that could arise with existing trademark applications or registered trademarks in the same trademark class. In order to avoid it is always recommended to conduct a “Trademark Search” as trademark searches are an integral part of trademark ownership.
According to the Designs Act, 2000 an Industrial Design is defined as “the features of shape, configuration, pattern or ornament or composition of lines or color or a combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.”
A non-provisional patent draft is a techno-legal document describing the invention in-depth and discloses the best method of carrying out the invention. Thus, also known as a complete patent application.
As per the patent law, a provisional application is a legal document filed in the Indian Patent Office or any other patent office to establish an early filing date. The provisional application allows the inventor to file a patent application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.
IPR Studio have Patent Engineers are experienced an hep you to decide whether your product is a commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
Freedom to Operate Search, also known as Clearance Search or Right to use search is performed to check and identify whether any in-force patents or published patent applications with claims that cover the technology, process, or product the inventor is targeting.
Simply, it is used to ascertain the freedom to operate the invention in a particular jurisdiction from a legal point of view that the product or process utilized or carried out by the inventor is not infringing on any live patent’s claim.
If during the FTO search the invention to be operated is located on a live patent then the inventor may:
Not proceed with the invention
Invalidate the relevant patent
Apply for a license for the relevant patent
Buy the relevant patent technology
Why conduct FTO Search?
To identify potential patent barriers and uncover licensing needs in commercializing the products or/and technologies.
To know countries where the patent can be applied.
To map out the technical field of the products, technologies, or processes.
To conduct patent infringement risk assessments, assess the competitors in the same field.
To evaluate the potential for “new”
Before the commercialization of any product/technology, it is essential to conduct a due diligence process to examine the claims of in-force patents as a means of assessing your risk of potential infringement. Thus, an FTO search/ Clearance Search is conducted to locate any granted and alive (in-force) patents or patent applications ensuring that the desired product can be pitched in a specific market (jurisdiction) without infringing or violating anyone’s intellectual property rights within that particular region/country.
Published pending patent applications
An exhaustive search on patent databases based on
Keywords based Searching,
Classification based Searching- CPC, IPC, USC, F-terms (For Japanese Patents),
Citation Search, Family Search and Semantic Search
FTO Search Reports
The search reports have detailed analysis of the relevant records in
Word Report Format
Excel Report Format
We provide customized FTO reports as per client’s requirement. We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.
Turn Around Time – 4-10 days
So when launching your product in the market conduct the Freedom to operate search or Clearance by professional. Contact us to get in touch with our experts for professional advice.