Frequently Asked Questions

Although Trademark registration is not compulsory, it is essential and preferable. Several online websites demand that your Trademark be registered in order to list your products/services on the said website. In case you need to take legal action for infringement of your Trademark, it would be preferable to have your Trademark registered. In case of any legal disputes with regards to your Trademark, the first thing that would help you is your Trademark registration.

A Legal Notice / Cease and Desist Notice is not a proceeding before a Court. It is sent by a party or lawyer alleging certain violation of their rights. Although you are not obligated to respond to a Notice, it is essential that you do so by putting forth your version of facts. It is pertinent to note that sending of a Notice to you does not necessarily imply that you have violated the party’s rights. A sharp Attorney could come up with various defenses that could be put forth in the Reply to the Legal Notice, in order to safeguard your interests.

In case you are an Individual or sole proprietor, the Government Fees is Rs. 4,500/- and for other forms of business, the Government Fees is Rs.9,000/-. In case you have an MSME certificate or startup certificate, the Government Fees is Rs.4,500/-.

Legal Proceeding Certificate is different from Certificate of Registration. Once the Registrar is convinced that your Trademark does not violate any section of the Act, the Registrar shall send you a ‘Certificate of Registration’ for your Trademark. However, there is a small disclaimer at the bottom of the Certificate which states ‘This certificate is not for use in legal proceedings’, which would mean that you would not be able to rely on this Certificate of Registration in case you file a Suit for Trademark Infringement. In such a case, you would be required to apply for a ‘Legal Proceeding Certificate’ which can be used in the Legal Proceedings to rely on your Trademark registration. In case you file a suit and are seeking urgent reliefs, you could annex the copy of latest online status, journal copy and the Certificate of Registration and make an averment that you have applied for the Legal Proceeding Certificate and you shall provide the Copy of the Legal Proceeding Certificate as and when you receive it from the Registry.

First, a search needs to be conducted on the website of the Trademarks Registry to identify the probabilityof Trademark registration.

Thereafter, the Trademark application will be drafted and filed.

Next, the Trademark registry will either ‘accept and publish’ the mark or raise objections through an examination report. After a reply to examination report has been filed, the registrar will either accept a mark or allot a hearing. After the hearing, the registrar will pass an Order where the mark will either be ‘accepted and published’ or ‘refused’.

Once the mark has been accepted and published, third parties have an opportunity to oppose such trademark in case it violates their rights or on such grounds as mentioned in the Trademarks Act within four months from the date your mark has been accepted and published. In case no third party opposes your Trademark, your Trademark shall be granted registration after the four month period has expired. Your registration shall be valid for a period of ten years after which it will have to be renewed every 10 years.

While applying for a Trademark, it is preferable to engage the services of a Trademark Attorney who understands the nuances of the Trademark law and procedure.

As per the definition of Trademark, anything that can be represented graphically can be applied as a Trademark and hence your logo containing the brand name can be applied as a Trademark. As per the definition of copyright, copyright subsists in ‘original artistic works’. In case your logo contains some form of ‘artistic work’, it can be applied as a copyright. If a logo can be applied as a ‘Trademark’ as well as ‘Copyright’, the what exactly is the difference?

Copyright subsists only in artistic works and hence it will not provide you rights over the brand name in your logo. The rights will be provided only on the font, style, getup, and the manner in which your brand name has been represented. On the other hand, a Trademark logo will provide rights over the entire logo including the brand name. However, sometimes the brand name that you are using in your logo might be identical to another mark or it might be a generic or descriptive term and hence cannot be registered as a Trademark. In such a scenario, copyright registration can be obtained thereby claiming rights only over the ‘getup’ and ‘artistic features’ of your logo and not over the ‘brand name’.