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Trade Mark - Some Important Facts

Trademark Application

This is just a simple beginning of the procedure for a Trademark Registration to obtain

encumbrance free ownership over a Brand / Mark / Name / Logo. Which involves many legal

and administrative steps like Examination of the Trademark Application by the Examiner of the

Trade Marks Registry. If not satisfied an Objection may be raised with an Examination Notice

giving One Month time to submit detailed and specific reply.

The application again gets subjected for re-examination. If found satisfactory proceeds for

Journal Publishing before acceptance for registration or a Hearing may be fixed giving 30-45

days time. Based on the argument the Registrar of the Trade Mark may accept the application

and get this published in Journal before acceptance for registration or refuse to grant

registration.

Submission of Examination Reply and Hearing

If in case an application is objected or put on hearing. Due submission of appropriate reasons

and ground evidence must be presented within stipulated time otherwise the application is put

aside and marked abandoned. Abandonment of an application means it has no owner or care

taker, it is therefore you lose your ownership over your Brand / Mark / Name / Logo. In such

circumstances the applicant may not be able to suit any litigation / infringement or passing off

notice / cease and desist notice / compensation notice to any party using deceptively the same

a k o a e ausi g ig o s all loss to the appli a t’s usi ess o good ill. Literally, one

application if made with some importance should not be left unattended. Leaving and

application midway is never suggested.

Understanding Intellectual Property

Value of o e’s I telle tual P ope ty is uite ele a t to appli a t’s i est e t a d a itio s. As a matter of the fact an Intellectual Property always overweight the physical property and

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should be dealt very cautiously. Intellectual Property is Tradable, Transferable and Valuable

hi h a ’t e ig o ed at a y poi t of ti e du i g the spa of o e’s enterprise.

Need of Expertise

Do ’t the atte of I telle tual P ope ty as si ple as it looks. Do ’t p o ote a y a e ithout consultation or professional advice of a Brand Advisor or the Trademark Attorney. Before

putting a name into your business one has to undertake through study of a brand, registrability,

prior existence of the same, similar or deceptive names / marks on Trademark Register. User

details through a complete check on different search engines and data centers. Taking pre-

selection of a name easy may drop someone to hot soup any time and one has to be back home

losing his investments.

You must consider, you have to grow one day and you will go global. What will happen if you

may not be able to use your brand in that country of your interest? You can avoid this by

receiving expert advice. Always think #Big instead of small or local.

About the Author:

Manoj Kumar Srivastwa

Mr. Manoj Kumar Srivastwa operates his private law practice, TRADEMARKing

powered by TRADESAFE IP (A Full Service Intellectual Property Rights Law Firm)

which focuses on startup and small business law, e-commerce and Internet

marketing law and commercial and real estate transactions. Mr. Manoj Kumar

Srivastwa continues to represent startup, small and medium sized businesses with

most corporate and business law matters. He can be contacted on

+919693498580 / +916122521468 Email: mytradesafe@gmail.com or visit:

www.tradesafe.in