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  1. Can sound Marks be registered in India?

Answer: Yes, Sound marks when represented in conventional notation or described in words by being graphically represented.

 

  1. Can a three dimensional sign be registered in India?

Answer: Yes

 

  1. Can shape of goods or their packaging be Trade Marked?

Answer: Yes

 

  1. How long it takes in registering a Trade Mark?

Answer: In case there is no objection or opposition received then minimum 5-7 month takes in registering a trademark. In case of objection or opposition it will extends from 12 months to 18 months.

 

  1. What are well known marks?

Answer: Well known trademark are widely known marks which are known to public and they therefore enjoy a special protection under Indian trademark law.

 

  1. Which form is required to be filed for Trademark registration?

Answer: Form TM-A on the Trademark Portal is filed for new Trade Mark registration application.

 

  1. Is trademark registration is compulsory in India?

Answer: No, it is not mandatory at all. But it is advisable and a wise decision to get your Trade mark registered to protect your mark and business as well.

 

  1. Whether foreigners can also apply for registration of their marks in India?

Answer: Yes, foreign proprietors can also make an application for registration of their mark in India provided it is well-known and it has reached to Indians.

 

  1. What is procedure of trademark?

Answer: The procedure for registration of trademark is as following:

 

  • Application:The application for registration of a trademark shall be filed in Form TM-A.

 

  • Scrutiny of mark (Objection):The scrutiny of the mark is done by the Registrar and if found satisfactory, he shall publish the same in the Trademark Journal or else issue examination report i.e. objection.

 

  • Issue of Examination Report:An examination report stating the grounds due to which the trademark shall not be considered for registration is issued by the Registrar generally within 15-20 days of filing the application.

 

  • Advertisement in Indian Trademark JournalAn application is advertised in the trademark journal so as to invite the public for filing an opposition for the mark.

 

  • Opposition:The time period to file a notice of opposition is four months from the date of advertisement of the mark in trademark journal.

 

  • Registration:Where no opposition is filed within the specified time, the application shall proceed to registration.

 

  1. What does status “Send to Vienna Codification” mean?

Answer: it is one of the initial stages of Trade Mark Registration process. When we file any application in which trade mark consists of any figurative elements or logos then in such case Trademark registry assign a Vienna code to such trademark based on the nature of figurative or logos. Once the Vienna code is assigned status changed to formality chk pass or formality chk fail from status send to Vienna codification.

 

  1. What does status “Formalities Chk Pass” mean?

Answer: it is one of the initial stages of the Trademark registration process. When we file trade mark application Trade mark registry usually checks basic requirements such as Power of attorney is filed properly (if filed by an agent or attorney), proper user affidavit is filed (if there is claim of prior use in application), category of applicant, class and other basic requirement. If application does not met with basic requirement the status could be reflected as formality chk fail.

 

  1. What does status “Formalities Chk Fail” mean?

Answer: In initial stages of Trademark registration process when Trademark registry check basic requirement such as whether proper documents are uploaded, translation of mark if not in English is provided, proper fee is paid as per selected category of the applicant and it founds any deficiency it could be reflected as formality check fail. In such cases proper action should be taken for application to move forward for registration.

 

  1. What does status “Marked for Exam” mean?

Answer: This status means that application has been assigned to an Examiner. Examiner will check the registrability of applied trademark under various sections of Trade Marks Act, 1999. Examiner issues an examination report in which he either accept the application for trade Mark or raise objections as to its registrability. The application needs to wait for the examination reports to be issued.

 

  1. What does status “Awaiting reply to examination report” mean?

Answer: This status means after examining the application Examiner has raised objection / objections to the registrability of trademark under various sections of trade Marks Act, 1999. Applicant has to submit reply to the examination report as soon as he / she receive this report.

 

  1. What does status “Exam Report issued” / “Accepted” mean?

Answer: This status means that no objection has been raised by Examiner or when the objection raised are overcome by way of written submission or hearing. At this stage applicant is not required to take any action unless the application does not move forward for journal publication.

 

  1. What does status “Objected” mean?

Answer: After examining the application examiner issues Examination report. Reply to the examination report has to be filed within 30 days of issue of report otherwise application could be treated as abandoned by the registry. If the reply is submitted and examiner is convinced then application will be accepted and if not convinced an hearing date will be fixed for further processing of the application.

 

  1. What does status “Ready for show cause hearing” mean?

Answer: When we submit reply to examination report and examiner is not convinced with reply submitted. In such case application put under status ready for show cause hearing in which a date is fixed for hearing in which appearing person make submission in support of his / her application.

 

  1. What does status “Advertised before acc” or “Advertised” or “Accepted & Advertised” mean?

Answer: This is one of the final stages of trademark registration process. In this stage trademark is advertised or published in trademark journal which is available to public or third party to oppose the registration of the trademark. In no opposition is filed then within 4-5 month then the Trademark registration certificate is usually issued.

 

  1. What does status “Opposed” mean?

Answer: This status is reflected when any third party opposes the registration of trademark within the period of four month after it is advertised in trademark journal. Opposition notice is served to applicant or agent and a counter statement has to be filed within two month of receipt of opposition notice. If failed application is treated as abandoned and for filing of such notices no extension of time is given.

 

  1. Can we download Trademark certificate online?

Answer: Yes, Trade Marks certificates are usually available online. By using application number we can download it from Trade Marks website.