I i don't get any registration details in the https://www.ipindia.nic.in/ Search ..for a Trade Mark in a specific class can i apply for the Trade Mark without going for a official search report. ?? Thanks
Archit Uniyal 01 April 2020
So your query mainly deals with Registring a Trade Mark in India. So I will try to explain the whole process of registration and what you should do regarding your query.
Starting with what is a Trade Mark?
A trademark, popularly known as a brand name or a business name, is a type of intellectual property consisting of a visual symbol or distinctive sign which may be a word, letter, signature, drawing, shape, name, device, label, numerals or combination of colors, etc., which distinguishes the goods and services of one company/business from goods or services of another business. It is a legal protection or a title that grants exclusive protection within a national zone. A trademark helps consumers to identify and choose between products/services based on their distinction, reputation, and quality.
The purpose of a trademark is to protect your business’s brand identity in the marketplace.
Properly registering your trademark puts the rest of the business world on notice that the design, word, name, or symbol you are using to identify your goods or services is your official and legal trademark, and it acts as evidence of your exclusive right to use your marks; potentially vital if another business later infringes on your rights.
What is the Process of Filing a Trademark application:
So these are the steps in the process of filing a Trademark application:
As you can see the Trade Mark registration process is too long. Having helped an attorney in filing a Trade Mark myself, I can tell that there is still a lot of research you have to do other than just a basic search on India. Mostly when you file Trade Mark for the 1st time it will be objected by the Trade Mark office on certain grounds even if in the initial search there were no previous similar trademarks. which it will mention in its examination report.
A Trade Mark Attorney shall examine the trademark and shall conduct a thorough search in the database of trademark regarding the availability of the proposed mark and its possibilities of getting registered. A Trade Mark attorney search report will reflect on the classes in which application for the proposed mark should be filed for comprehensive protection depending on the nature of goods/services being offered. The attorney shall further draft a suitable descripttion for the class trademark in which it is to be filed. The Attorney report is a comprehensive report which enables the decision-maker to foresee the possibility of registration of the Trademark from the perspective of absolute grounds of refusal as specified under Section 9 and the relative grounds of refusal as prescribed under Section 11 of the Trademark Act. The report will further highlight the possibility of a third party objection or further litigation. A trademark Attorney Search is a sensible investment and is strongly recommended to the potential applicant of trademark. Hence, it is advisable for you to hire a Trade Mark attorney who will help you and handle your whole operation till the Trade Mark is finally registered.
I hope this solves your query.