Trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes).

Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.

Trademark Assignment

Trademark rights are transferrable through assignment agreements. When a trademark is assigned by an owner to another party, its ownership is conferred upon the other party, either completely (with goodwill) or for a limited number of products or services (without goodwill). It usually involves a one-time payment. Such an agreement (often called an assignment deed) can be signed even if the trademark is unregistered; creative designers, for example, are often asked to assign ownership of the work to the entity that commissioned it. Registered trademarks can also be assigned, of course. In both cases, the asignee must apply to the Registrar within six months.

Trademark Renewal
A trademark can be renewed in India from time to time for an unlimited period on payment of the renewal fees, failing which the mark becomes liable to be removed from the Register of trademarks. Each renewal term is for a period of 10 years.

The procedure for renewal of a trademark is as follows:

Request to renew a trademark in India can be filed within six months BEFORE THE EXPIRY of the registration / renewal term if accompanied by the requisite renewal fees on the prescribed form.

Request to renew a trademark in India can also be filed within six months AFTER THE EXPIRY of the registration / renewal term if accompanied by the requisite late renewal fees on the prescribed form.

Trademark Objection

What is Trademark Objection ?

Makes Trademark Known : A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

Objection is a preliminary refusal issued by the trademark examiner after examination of your application. Some common grounds for objection are

1. Lack of distinctiveness (Section 9)
2. Similarity with pending or registered marks (Section 11).

3. Other reasons are usage of geographical names, international proprietary names, offensive or obscene words as a part of or as a trademark.

Objection is most cases can be overcome by proper representation before the registrar.

Instances are there when the trademark office would sustain the objection and in such cases, one should approach the appellate board to appeal against the decision.

A periodical check on trademark application is very important, as the trademark office has slowly started weaning off the tradition of sending paper correspondences. This will help you file your response to objection in a timely manner.

Failing to overcome all the objections raised by the examiner will lead to abandonment of the trademark. The abandonment puts you into the position in which you were before filing the application – meaning, you’ve lost your money spent on filing.

Advantages of a Trademark Assignment

Unlock Value

Through an assignment agreement, the brand owner is able to unlock the value of the brand, which, until this point, only had value on paper. The assignee, on the other hand, could be significantly better off entering a market with an already well-known brand, rather than building a new one entirely.

Valid Proof

In case of a dispute related to the trademark, legal rights would easily be established through the deed. The Registrar ensures that all the checks are in place by examining the validity of all the clauses in the agreement and publishing the assignment in the Trade Marks Journal.