Trademarks are symbols, punch lines, logo, design, colour combination of product wrapper, etc by which your customer starts recognising your products or services.
Any person or an entity which claims to be proprietor of a Trade mark can file a Trade mark application in respect of desired specification of goods or services.
A patent is an exclusive right or title that is conferred to a person or an inventor by the government, for an invented or manufactured article, for a limited period, so as to prohibit others from using, exploiting or selling an invention.
After an application is filed the same is then examined by the Registrar in accordance to the provisions of Trade Marks Act. If an objection to registration of the mark is raised, an official examination report will be issued by the Registrar within 3 months of filing depending on the backlog of Registry.
Patent opposition, if used appropriately, can act as an important tool to prevent the grant of frivolous patents. Although this goal can be achieved by way of revocation and other litigious options, opposition serves as a more cost-effective route.
Due diligence, negotiations for settlement and co-existence and buy outs
In our practice we see a lot of trade mark settlement and co-existence agreements being entered into, often when one party requires the other’s consent in order to get its trade mark registered.
The registration of a trademark is valid for a period of 10 years and further can be renewed every 10 years. In case the opponent does not renew the trademark, the trademark protection is no longer valid.
This search is to check whether your business name or logo is similar to other already registered trademarks. Generally, the trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class.
Filing revocations, rectification and third-party oppositions
A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed.
For filing a civil case or civil law suit, there is a detailed process laid down, if the process is not followed, then the registry has a right to dismiss the suit.
