Date : 09-08-2018 17:33
Registering Trademark Under New Trademark Rules 2017
INTRODUCTION: A trademark comes under the regime of IPR, which seeks to protect the rights of the intangible property. A trademark can be a word, symbol, logo or smell; sound etc. the aim is protecting the unauthorized use by the persons who are not the real manufacturer of the product/service bearing the trademark. It is upon a trademark where the business develops and the consumer can recognize and differentiate between other available good of the same nature. In India, it is governed by the trademark act, 1999 and the new trademark rules of 2017. Registration of a trademark is not mandatory under the law but it is suggested to get yours registered in order to claim a better protection against infringers.
PROCESS OF REGISTRATION OF TRADEMARK: You need to follow these steps in order to get your trademark registered:
- Distinctiveness: First of all you need to select the mark/symbol which is distinctive in character.
- Search: applicant seeking for a registration must conduct a search before filing to avoid duplication and rejection.
- Application: after the search has been done the application for registration can be filed with the trademark registry and numbered.
- Examination: after the application has been filed a proper examination is conducted by the trademark office in order to ensure correctness of the same. Thereafter objections if any have to be met by the applicant.
- Publication: Next step involves the publication of the application to call for objections from any person who may suffer from the registration of the proposed mark.
- Registration: if any objection is raised within the stipulated time, the trademark officer will review the same and the mark gets registered only if the decision falls in favor of the applicant and if no objections trademark registration is granted.
HIGHLIGHTS: the new rules of 2017 for trademark registration are quite different from the earlier ones. The provisions while registering trademark are now being simplified in order to ease the process out. Some features are mentioned below:
- Reduction in a number of forms: Clearing the mess from having to fill 75 different forms to just 8 divided neatly to avoid confusion.
- E-filing: to promote the digital India concept in order to invite people to register online the fee stricter has been revised to keep it lower for re-applications.
- Electronic communication: service of documents from one side to other has been effectively extended to email communications in order to ensure accelerate the process.
- Request for a well-known trademark: it is now possible for an applicant to file with the registrar for registering his trademark as a well-known one by filing an application with the required fee.
- Specific provision for sound marks: though the earlier rules recognized non-conventional trademarks like the smell, sound etc. the new rules have specific mention of sound marks and sample of which has to be submitted in an MP3 format to the registrar.
- Limitation on adjournments: the whole point in making new rules was to address the issues in a speedier way. Therefore with regard to the disputes of a trademark if any not more than 2 adjournments will be granted to any contesting party.