So you’ve planned and taken all necessary precautions before filing or instructing your Counsel in India to file your trademark application in India and it has been filed, and now you’re waiting. (Also see 4 steps to register a trademark in India – The fast and cost effective way) While the trademark office has taken it upon itself to teach all counsels how much of a virtue patience is, on some occasions they may not be at fault. It may well be, that the trademark office is in fact waiting on something from your end. Here are the top six things that may be stalling your trademark application at the moment.
Identifying and choosing a suitable business/brand name is perhaps the first and the most important step towards creating your very own startup. A lot of time and effort goes into searching for and settling on a suitable name, and its equally, if not more important to protect that name. A brand name that you chose is not merely a name, but a reflection of the ideas, thoughts and relevance of the business symbolized by designs, logos, patterns, colours etc,.
I wish there was an easy answer. Unfortunately there isn’t. Indian Trademarks Law allows filing of multi class applications. If you are using a counsel you may be advised by your counsel to file single class applications, not because he wants to bill you more; because the benefits of single class application outweighs few bucks saved by filing a multi class application.
If you had filed your trademark application on paper in India with specification of goods or services exceeding 500 characters and if an application requesting inclusion of additional characters was not filed at the time of filing the new application for registration of your trademark, a TM-61 alert will be displayed on the online status page of the Indian Trademark Office as shown below.
An application for registration of a trademark in India can be filed by either claiming use of the trademark in India or on a proposed to be used (intent to use) basis. Subsequent to publication and in the absence of opposition the application would proceed towards registration. Unlike in the US, proof of usage of the mark in India is not a pre requisite to the grant of registration of the trademark. The usage claimed in the application needs to be bona-fide and supported with documentary evidence of usage and if necessary the Examiner might insist that an affidavit of usage be filed.
While the Indian Trademark Office has been constantly trying to complete the mammoth task of clearing several thousands of trademark applications pending before it at various stages of prosecution, fulfilling the following steps would help you to protect your trademark in India quickly and cost effectively.
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