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    This document outlines the trademark protection process in India. It discusses what a trademark is, the importance of trademarks for indicating source, distinguishing goods/services, and building brand value. It then covers how to choose a trademark and register it, including pre-filing requirements like searches, where and how to file, who can file, and types of marks. The registration process includes examination, publication, opposition, and renewal. Key steps involve classification, searches, deciding to file, priority date, required documents, examination, publication, possible opposition, and renewal. Registering a trademark provides exclusive rights to use the mark and take action against infringement.

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    Original Title

    21695007 Trademark Protection Process in India

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    This document outlines the trademark protection process in India. It discusses what a trademark is, the importance of trademarks for indicating source, distinguishing goods/services, and building brand value. It then covers how to choose a trademark and register it, including pre-filing requirements like searches, where and how to file, who can file, and types of marks. The registration process includes examination, publication, opposition, and renewal. Key steps involve classification, searches, deciding to file, priority date, required documents, examination, publication, possible opposition, and renewal. Registering a trademark provides exclusive rights to use the mark and take action against infringement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    46 views7 pages

    Trademark Protection Process in India

    Uploaded by

    pravinsankalp
    This document outlines the trademark protection process in India. It discusses what a trademark is, the importance of trademarks for indicating source, distinguishing goods/services, and building brand value. It then covers how to choose a trademark and register it, including pre-filing requirements like searches, where and how to file, who can file, and types of marks. The registration process includes examination, publication, opposition, and renewal. Key steps involve classification, searches, deciding to file, priority date, required documents, examination, publication, possible opposition, and renewal. Registering a trademark provides exclusive rights to use the mark and take action against infringement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 7

    Trademark Protection

    Process in India
    By
    Vikram Pratap Singh
    Thakur
    vikram@brainleague.c
    om

    Trademark
    a mark capable of being represented graphically; and
    which is capable of distinguishing the goods or
    services of one person from those of others
    Brain League IP Services Pvt. Ltd.

    Importance of a Trademark

    Indicate the source of goods/services


    Distinguish from others
    Makes it simple to advertise and promote
    Helps to make money

    Brand Value

    Google
    Microsoft
    Coca-Cola
    IBM
    McDonald's

    $100.04 billion
    $76.25 billion
    $67.63 billion
    $66.62 billion
    $66.58 billion

    How to choose a trademark

    Brain League IP Services Pvt. Ltd.

    Protection
    Pre-filing Requirements

    Classification of good/service
    Trademark Search
    Trademark Search Opinion
    Take a decision on filing

    Filing

    Persons entitled to apply


    Place of application
    Types of application
    Priority date
    Documents

    Brain League IP Services Pvt. Ltd.

    Online or Hard copy filings

    Person entitled to file

    The person himself


    Duly authorized person
    Legal practitioner
    Trademark Agent
    Person under sole and regular employment

    Place of application
    TRADEMARK
    OFFICES

    TERRITORIAL JURISDICTION

    Delhi

    State of Jammu & Kashmir, Punjab, Haryana,


    Uttar Pradesh, Himachal Pradesh, Union Territory of
    Delhi and Chandigarh

    Kolkata

    Arunachal Pradesh, Assam, Bihar, Orissa, West


    Bengal, Manipur, Mizoram, Meghalaya, Sikkim ,
    Tripura and Union Territory of Nagaland, Andamar &
    Nicobar Island

    Ahmedabad

    Gujarat and Rajasthan and Union Territory of


    Damman, Diu, Dadra and Nagar Haveli

    Chennai

    Andhra Pradesh, Kerala, Tamil Nadu, Karnataka


    and Union Territory of Pondicherry and
    Lakshadweep Island

    Mumbai (Head
    Office)

    Type of Mark

    Brain League IP Services Pvt. Ltd.

    Maharashtra, MP and Goa

    Service Mark
    Certification Mark
    Collective Mark eg. CA device used by the
    Institute of Chartered Accountants
    House Mark - eg. Dabur
    Textile Mark class 22 to 27 eg. Vardhman

    Priority date
    Paris Convention
    Time period

    Mode of filing & Documents

    Online or hard copy


    Relevant Application Form
    Additional Representations
    Power of attorney

    Examination

    Formal check
    Detailed Examination
    Examination Report
    Hearing

    Brain League IP Services Pvt. Ltd.

    Publication

    Type of publication
    Importance of publication
    Opposition
    Registration

    Registration

    Rights
    Use the trademark
    Restrain others
    Acts as a notice to public
    Infringement proceeding

    Prima facie evidence of validity

    Opposition

    Opposition filing
    Counter Statement
    Evidence in Support of Opposition
    Evidence in Support of Application
    Reply evidence
    Hearing and decision

    Renewal
    Time period
    Renewal window
    Brain League IP Services Pvt. Ltd.

    THANK
    YOU

    Brain League IP Services Pvt. Ltd.

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