Effective Trademark Search Registration & Protection

What is a Trademark?

Trademark is an exclusive name, sign or design which differentiates a company’s products and services from its competitors. In a way, it acts as a seal of trust and helps to keep the cordiality of a company in check. effective Trademark Search Registration protection is important to save money, protect companies.

Rights of a Trademark Owner

• Proprietorship Rights: There is a trademark owner that is given perpetual and sole right to use the mark for the goods or services which makes the mark distinctive or unique.
• License / Transfer: The proprietor is now able to endorse the trademark by selling his ownership to another party or allowing endorsement through the licensing agreement.
• Legal Protection: The law also protects them by providing that if someone tries to use their trademark without permission, they are free to seek action preventing the misuse and stop brand dilution.
• Copycat Prevention: Trademark owners may also prevent others from using a mark that is similar or identical to their own mark so as not to confuse their intended customers.
• Registered Marks: Once a trademark is registered, the owner is allowed to use the registered ® symbol to swank that the mark is protected by law whereas the TM is more often used with unregistered marks.

Effective Trademark Search, Registration & Protection

We at Prakasha & Co., the Trademark consultants, here we simplify the process of “search & registration of a Trademark” which ensures that the brand is able to get the level of protection that it deserves. Apparently, even from our Trademark platform online & drawing from our experience, we provide tailored services that enable businesses to register their Trademark with ease.

Free Trademark Search with Expert Help

Trademark availability is subject to multiple factors, some of which includes, the uniqueness in regard to spelling and pronunciation as well as the differentiation with other existing popular / familiar brands. That is why at Prakasha & Co. offering free Trademark search in order to be able to establish all sorts of critical parameters. We will also employ the experts who shall conduct an in-depth assessment of the situation using appropriate measures as well as culturing to come up with the potentials of getting your desired Trademark approved.

Personalized TM Recommendations

We do provide recommendations aimed at reinforcing the chances of getting a particular trademark for your business based on the outcomes of our research. If we manage to find anything that might cause any potential conflicts in the future, we suggest a few alternative approaches/alterations to the conflicting mark, so as not to leave anything to chance. This consultation is given free and therefore it enables you to easily decide what to do and what not to do when it comes to the registration process.

1. Make Sure to Have a Legal Structure for Your Trademark
   • Thanks to our thoughtful way of doing a search & analysis. You do not waste your time or resources applying for something that is not based on a strong foundation. For that unique reason, we also assist in the prevention of any legal conflict or objection within which registration can be made successfully. With “Prakasha & Co”, you did not simply have a Trademark consultant, you had a trusted & committed partner in expanding and safeguarding your brand.

2. Step 1: Trademark Search – The Very First Step in Knowing That You are Securing Your Brand

   As always, before registration of your Trademark ensure to receive such a search even a reasonable one to see its authenticity and it’s the first step to prevention so as to not have to deal with conflict. Here we assist in streamlining this process for our client’s (yourself) in order to ensure correct & speedy outputs

1. Step 2: The First Client Engagement

When clients contact us to ask about Trademark registration, we start our process by collecting essential information. Typically, we request the following details:

•            The Trademark name they want to register.

•            Whether it is a wordmark (text only) or includes a graphic logo.

•            The type of business and the products or services it encompasses.

This information allows us to identify the correct NICE TM class from the 45 classes available in the Trademark registry.

Step: 2, Submitting Details Made Easy

To make the process hassle-free, clients can share the required information with us through WhatsApp or email. This ensures quick communication and enables our team to get started on the Trademark search without delay.

Step: 3: Thorough Trademark Search Process

Once the details are received, our team conducts a comprehensive search on the official Trademark Registry Database. you can utilize the government’s public search platform to check the availability at https://tmrsearch.ipindia.gov.in/tmrpublicsearch/frmmain.aspx:

• Similar or identical existing Trademarks.
• Potential conflicts in spelling, pronunciation, or visual representation.
• Compliance with Trademark laws and guidelines.

Analysis and Suggestions: After deriving the research findings, we do the following:

• The chances of acceptance of the proposed Trademark are evaluated.
• Possible circumstances of dispute or any other complaint are identified.

A search report in respect of the trademark is presented to our clients with recommendations.

step: 4, Helping our Clients to Be Informed Copyright Owners

The trademark search creates a clear picture of how desirable marks will be available and their notable coverage in potential trademark registration. Based on this, they can decide whether or not to proceed with registration or explore other options. By conducting this vital step in an organized and systematic manner, Prakasha & Co. lays a firm foundation for the rest of the trademark registration process

Step: 5 Trademark Filing – Protecting the Brand Name

As soon as the trademark search concludes and the client is ready to move forward, the trademark application may be filed. We promise to undertake the parcel of trademark professionally whilst peaceful and stress free for clients.

Gathering the required information for Filing.

In order to begin the process of filing a Trademark application, we request the client to submit the following information and documents:

• Personal ID of the Trademark owner.
• Company logos, used as devices or trademark logos in JPG format.
• A Power of Attorney stating that the client allows us to file the application.

The POA format is very ordinary and is available for download. It can be printed, signed, emailed or sent to us via WhatsApp for speed and ease. [a link to download the POA format here.]

How to File the Trademark

After we are in possession of signed POA and all required inputs:

• It has to be classified as one of 45 classes of a trademark preferred by the client depending on their nature of business.
• We apply for the trademark using the online service offered by the Government of India, at their trademark website office.
• There is to be generated a certificate of filing, a Trademark Application (TM-A) and a receipt for payment.

This entire process is finalised within 2 days.

Watch the Video Trademark Registration Online

How to Register Trademark Online

Click the link: Online TM application

Log in with the user ID of the Trademark Attorney and the Password

CLICK on the new form TM-A

Fill the details in TM-A

Submit with a Digital signature for further processing and make the payment.

From the Date of Filing, The Client Gets Part of the Claims

Yes, as from the date of filing a trademark application, the client can already start using the trademark for their brand which is still undergoing registration. They can use the brand name or logo with the ™ symbol which shows that the registration procedure is in progress. These rights are automatically granted to the client’s brand and stand until the trademark office issues the final orders.

Trademark Registration Process – An Application and How to Get A certificate

The registration phase includes a number of examination and verification processes through the Trademark Office, after filing the Trademark application form plus the Trademark Application Number. The process is set as follows.

1.The Trademarks Office Inspection Processes

There are several steps which are carried out also to ascertain:

• The application is correct in format and types.
• One or more of the various appropriate 45 classes is marked as relevant.
• Attachments including Power of Attorney or contracts, MSME certificate, etc. for small businesses like LLPs or companies which applies for concessional fees.

2.Vienna Classification For An Application for A Logo Mark

A logo or device mark included in an application, under Vienna Classification, the trademark system translates where the image or design is meant for the trademarks. The trademarks system also facilitates comparison between company’s logo and the existing similar marks.

3. Further Evaluation of the Trademark Application by the Trademark Registrar

The next stage is a detailed examination of the application that passes preliminary checks. This stage generally lasts (depending on the backlog of applications) from one month to three months.

The Registrar considers:

• The distinctiveness of the name and/or of the logo.
• Other registered marks which may be identical or very similar with respect to spelling, pronunciation, or meaning.
• Whether the terms are descriptive or cover any limitations in terms of use.
• Such an application is reviewed for errors and if it is free from these errors, it is accepted for publishing.

4. Publication in the Trademark Journal

The application free from the above errors is advertised in the Trademark Journal making it open to the eyes of any interested person.

• During this period, any person may oppose the application on the basis of his or her previous rights to the mark or any other reason for a period of two months from the date of advertisement of the application.
• If no such objections are found during the hearing, or if the objections are subsequently withdrawn, the matter will proceed to the final registration.

5.Final Trademark Registration Certificate

A trademark is registered if the application for registration moves past the advertisement stage into a period where it has no opposition. This certificate is provided to the client as soon as possible and is provided by the IP Office.

• The mark that has an acceptance written in capital letters may begin to use the sn symbol, which bears the cost insignia of the registered trade mark.
• The registration of a mark is for a period of ten years only, after which it can be renewed for the sake of exclusivity. Trademark Certificate Download Link
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Step 5: Trademark Opposition: Practical Process

Subsequently on the filing of the opposition, the trademark office forward you a notice of opposition with full particulars through email (noreply.tmr@gov.in for instance). The offending notice contains:

• When was the opposition lodged – This will involve the objection grounds and the opposing witness affidavit and declaration.
• When can a Reply be Made – Witness a counter-statement filed within 2 (two) months of the date of the notice to avoid the application being terminated for being unattended.

DOs and DONTs while deciding a TRADEMARK

Dos

1. Trademark Search: Mark that you settle upon and wish to use is not somewhere else obtained.
2. Eye Catching Branding that Stands Out: Be imaginative and creative where your average name would not cut. For instance, such names as Google, Nike are distinctive.
3. Matching Domain Name: Punctuate that a complementing domain name is in existence so as to avoid redundancies across the digital spaces.
4. The mark is legal: The mark is legal within the trademark law of the respective country in and outside the jurisdiction. The mark also should not contravene any inventions or social ethics.
5. Trademark Registration Symbol: Here, incorporates the name as well as the logo or design in which the trademark is used where relevant and applies.

Don’ts

1. Avoid Using Generic and Descriptive Terms: The term ‘Best Shoes’ would be quite common while the other term ‘Fresh Fruits’ would be too generic and thus hard to safeguard.
2. Use of Existing Marks: An inch of similarity with the brand could result in litigation if the brand is well known. It is advisable to take care of however small the similarity is.
3. Select Avoidable Term with Respect: There is no need to tattoo a name or symbol which has the potential to be offensive or inappropriate towards a culture or ethnical group.
4. Do not Edit or Ignore Research: Failing to conduct an extensive search may result in brand conflicts regarding the existing trademarks.
5. Do Not Believe Short-Term Vision: For the mark which is going to be used, it should be for growth and origin. Slogans or phrases that can quickly fade out should be avoided.

Trademark Opposition:

A trademark opposition is a procedure in which a natural person or legal entities is free to object to the concluding of a registration of a trademark on the basis that it would be detrimental to their interests. This takes place after the registration trademark application has been gazetted in the Trademark Journal but before it has been granted registration and In India the period, in fact, within which it usually takes place is 4 months from the date of publication in the journal. The person who feels any mark is deceptively similar to an existing registered mark, likely to mislead the public or was able to file the mark with bad intend, can oppose it. The arguments of opposing and support the trademark application are allowed to both parties and the determination of the opposed an application for a trademark is to be registered there or a determination made if the mark in question is to be registered or not is made by the trademark registrar. This system is in place to ensure equity and reduce disputes in the market.

Opposition Management: Strategies of Prakasha & Co.

1. Review of the Opposition notice

• We do a thorough review of the ground of opposition, affidavit, and any other materials that are attached.
• Strengths and weaknesses concerning the claims of the opposing party are re-evaluated.

2. Client Discussion:

• The applicant is in touch with the opponent to assess how the opposition will affect them and determine the way forward on the matter.
• We undertake to provide the reasons for the application and to clarify the adduced grounds of opposition PTO.

3. Preparing the Response:

• A response has been drafted to counter each of the points of opposition with relevant facts.
• This is the evidence consisting of documents which supports your claim as the rightful owner of the trade mark in dispute, that is, previous usage, money put into trade, reputation of the business or features that are exceptional.

4. Filing and correspondence:

• The document outlining the applicant’s position is offered to the opposition and also submitted to the trademark office for record purposes.
• Any and all communication is done with reasonable speed and the deadlines and requirements of the law are observed.

 The Threat of Inaction

• Counter-Statement 60-day window: The deadline in this instant is 2 months and it runs from the time the opponent issues a notice of opposition.
• Counter statement omission: If this is not adhered to, it means that the trademark application stands to be abandoned.

What benefits come with Prakasha & Co.?

• Professional Representation: We manage your case with competence and ensure that your TM rights are not violated during the process.
• Systematic Assistance: We take care of everything from opposition notices to their responses and oral arguments.
• Tactical Responses: Our team seeks to provide fact-based responses that substantiate your claim and objections.

Step 6: Renewal and Preservation of Trademarks

Trademarks do not have the validity forever and they need to be renewed after every 10 years.

Key Activities:

• Keep track of the renewal dates and make timely notices to clients.
• Procure renewal applications and ensure that protection is not interrupted.

Additional Services for Brand Protection and so on

1. Trademark Licensing & Franchising:
   1. Assisting you in licensing your Trademark to other businesses.
   2. Drafting & reviewing your agreements to safeguard ownership rights.
2. Trademark Audit & Portfolio Management:
   1. Regularly audit your Trademark portfolio for any compliance.
   2. Suggest strategies to improve brand value and brand protection.
3. Domain Name Advices & Dispute Resolution:
   1. Offer step by step guidance on your domain name registration.
   2. Protects your brand from domain name misuse through litigation if it is necessary.
4. Anti-Counterfeiting Measures:
   1. Develop various strategies to combat counterfeit products & safe guards your brand’s integrity.

Why Choose Prakasha & Co. for Trademark Services?

With years of experience with a proven track record, we:

• Simplify complex Trademark processes.
• Offer top-to-bottom support for your search, filing, and protection.
• Use the Trademark online platform to accelerate the process of registrations.

Contact for Trademark Search, Registration

For any assistance regarding Trademark or Brand-related queries, feel free to reach us Prakasha And Co, a trusted Trademark Attorney partner.

📧 Email: crp@prakashaandco.com
📞 Phone: +91-7019827351
📍 Location: Bangalore, Karnataka

Let us handle the Brand and Business Goodwill so you can focus on your financial goals.

Need Assistance in Brand Logo Trademark?

Get Started Today

Be alert secure your brand’s future with Prakasha & Co., who deals with trusted Trademark consultancy services. From free search to registration and beyond, we assure that your intellectual property is protected at each and every step.

Contact us today to safeguard your brand and we guide you to protect its future.

📧 Email: crp@prakashaandco.com, 📞 Phone: +91-7019827351

Above blog has been articulated with support from sr. Team at Prakasha And Co & Ms. N Janani & Mr. Mayavan MA