If you have been following our blogs lately, you might remember the one dated April 1, 2016, reporting the rampant abandonment of marks by the Indian Trademarks Registry, and the events that followed on April 4, 2016 where the Trademark
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.
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.
In my previous post I put up information about the examination process that I received from the Trademark Office in response to an application under the Right to Information Act. Today’s post is going to deal with the aspects of a trademark lifecycle when the mark is still pending registration.
Two Thousand and Thirteen- Now that the New Year’s revelry has settled and the holiday spirit has diminished, I find myself getting back to the grind of following up on the trademark portfolio that I handle. As I stare at the list, I see that the marks are in different stages of prosecution but all of them have one common factor – “x filed over two years ago; awaiting action”. From examination report replies, amendment applications to journal advertisements, delay on the part of the Registry is something that we’ve become accustomed to. It’s also something clients and applicants have difficulty understanding. While lawyers haven’t been viewed as the best folk in the world, Indian lawyers in particular have been accused of benefiting from the delayed judicial system. I do have a few acquaintances who are guilty of that charge but by and large, we would benefit more from having smoother processes and quicker conclusion to matters. I’d be happier to tell people that I completed the trademark registration process within a year and a half and get more work rather than asking existing clients to file unnecessary affidavits/letters and applications because of the errors, delays and goof ups by the Registry.
There are several resources online that will tell you how to register your trademark in India, with a neatly drawn flow chart for clarity and some websites that promise trademark registration in a day or even faster. What you won’t be told is the time that it will take you from one step to another on that flow chart and the constant tussle you have to face with the trademark office.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.