Meaning, Application, Procedure, Documents, and Cancellation of a Trademark

A trademark is a brand or name associated with a person's or company's service or product. It is a one-of-a-kind mark that customers use to identify a product or service. It makes a difference between a person's or an organization's product or service.

The Trademarks Act of 1999 (the "Act") and the Trade Marks Rules of 2017 (the "Rules") govern trademarks in India. A trademark is protected from infringement when it is registered under the Act. This means that a third party cannot use the registered trademark for their goods or services without authorization.

Under Section 2(m) of the Act, a trademark is defined as a mark that includes a brand, device, heading, ticket, label, name, word, signature, letter, product shape, numeral, packaging, or any such combination.

A trademark is a visual symbol or logo that is used to identify the origin of goods or products. A monogram, a combination of words and numbers, a color scheme with a logo, a word, a signature, a number, a geometrical figure, or even a sound mark can all serve as the symbol or logo.

Some examples of registered trademarks include the following:

Coca-Cola (the half-eaten apple with the leaf), Apple (the Coca-Cola bottle), Nestle (the red Nestle word), Amazon (the black Amazon word with a yellow arrow below), McDonald's (the yellow “M” symbol), Nike (the Swoosh symbol), Maggie (the yellow Maggie word written inside the red color bubble), and Adidas (the Adidas word written with three parallel lines/stripes above the word).

In India, the trademark owner (proprietor) can apply for registration. A trademark that a person creates and uses for their services or goods is owned by that person. When a trademark is used to represent a company's products or services, the owner is that company or entity. As a result, trademark registration can be applied for by an individual or business.

Procedure for Registering a Trademark The registration of a trademark involves the following steps:

The owner (applicant) must first conduct a trademark search on the Controller General of Patents, Designs, and Trademarks' online website prior to filing the trademark registration application with the Registrar of Trademarks (the "Registrar"). Before submitting an application for registration, a trademark search is an essential step because the Registrar will deny the application if the proposed trademark is similar to or resembles a previously registered trademark.

Consequently, the applicant must first conduct a trademark search to determine whether any trademarks are comparable or similar. The applicant can proceed with the trademark registration application if there are no similar registered trademarks. The applicant must change their trademark and then apply for trademark registration if there is a similar registered trademark.

Application for trademark The trademark registration application is Form TM-A, which can be filled out and submitted online or in person by the applicant. By registering on the ipindia website, it can be submitted online. By submitting the form to the Registrar Office of Trade Marks in Delhi, Kolkata, Mumbai, Chennai, and Ahmedabad, it can be filed offline.

Examination by the Registrar Upon receiving the application, whether online or in person, the Registrar will examine the form to determine whether the trademark complies with the terms and the Act and Rules. The applicant will be informed if the Registrar discovers any objections to the application. The applicant is responsible for submitting the amended or corrected application to the Registrar.

The trademark will be published in the trademarks journal once the Registrar is satisfied that the application complies with the Trademark Act and Rules. After the trademark registration is published in the trademark journal, any third party can file a statement of opposition with the Registrar to oppose it.

The applicant must submit a counter-statement to the opposition, which the Registrar will notify them of. Both the applicant and the opposing party ought to submit evidence to back up their arguments. After listening to both parties, the Registrar will issue a decision on whether to accept or deny the registration.

Issue of the Trademark Registration Certificate In the event of an opposition, the Registrar will issue the trademark registration certificate once he or she issues an Order of Acceptance of Registration. The Registrar will issue the applicant with a certificate of trademark registration if there is no opposition to the trademark within three months of its publication in the trademarks journal.

Documents Required for Trademark Registration

The trademark registration in Uttarakhand application must include the following documents:

Rectification of a Trademark Rectification of a trademark is the process to rectify or correct an error or defect of the trademark details entered in the Register of Trademarks (the "register") after its registration. Soft copy of the trademark Business registration proof (if the applicant is a company or entity) Class III digital signature certificate (if online filing of trademark registration) Date of first use of the trademark in India (in case of any prior usage of the trademark or claim of prior use) Power of attorney signed by the applicant The Registrar or the Appellate Board can be contacted by anyone who is hurt by the trademark's incorrect entry.

The Registrar or Appellate Board will make such an order to cancel or vary a trademark's registration upon the aggrieved party's request for trademark rectification. The following are the grounds for the rectification application:

Any other grounds accepted and prescribed by the Registrar Cancellation of a Trademark Cancellation of a trademark is taking it off or removing its entry from the register. An error in the registered proprietor's name, contact details, or address; an error in the trademark's details such as description, class, and design; an omission or absence of any entry in the register; a change in the proprietor's details such as name, address, and contact details; the trademark's inactivity for five years A trademark registration can be canceled by the Registrar, an individual interested in the trademark, or anyone who is hurt by the registration. The trademark's registered owner can also apply to have its entry removed from the register.

The Registrar or the Appellate Board should receive the cancellation application. The Registrar or Appellate Board will hear the case and issue an order following the filing of the application. The trademark will be removed from the register when the Registrar issues a cancellation order.

The Registrar is informed to remove the trademark from the register when the Appellate Board issues an order for cancellation. The following are the grounds for filing a cancellation application:

The registered trademark is used in a manner that causes confusion or deception to the public The trademark proprietor has misrepresented or has not disclosed any material fact regarding the trademark in its registration application, and such fact, if disclosed, would not justify such registration Any change in the circumstances after trademark registration such that its registration will be invalidated When a condition is mentioned in the register and there is a failure or violation to observe such a condition, the trademark is registered without any genuine or bonafide intention to use it for the goods and services