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A Trade marks Hearing Can Decide Your Brand’s Future!

Trade Marks Hearing

When a Trade marks is objected to by the Examiner, a reply is required to be filed to the same by the applicant. In case the Examiner is not satisfied with the reply submitted by the applicant in response to the Examination report the mark is issued for show cause hearing.

Similarly, a trade marks can be counter-filed by a customer, a member of the public competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.

Trade marks Hearing Starts with Proper Documents !

Documents Required for Trade Marks Hearing

To be able to prove the case in front of the Registrar, you need to prove to the Hearing Officer that you have been using the brand in good faith. We provide the following documents to the Registry as ‘proof’:

Application form filled and signed by you
Invoices from the date of the first usage of the brand
Purchase orders
Invoices from vendors
Brochures, visiting cards, letterheads

Social media marketing page screenshots
Website screenshots, if any
Online promotion proof
Any other document containing the trademark brand name, logo, or tagline if applied for
Proof of business

The Registrar after going through all the documents and explanation provided will either accept the mark or refuse the application. It is at the sole discretion of the Trade marks Authority to accept or refuse any application. These hearings need to be attended on the place, date, and time fixed in the notice, failing will lead to the trademark being abandoned.

BGrow Service is a qualified team well-versed and experienced in attending matters in relation to tribunals, registration, and hearings. Our team helps in conducting the hearings related to objection, rectification, and opposition.

Face the Challenge, Secure Your Name!

Trade Marks Opposition

Trade marks Opposition is instituted by a third party after the application is accepted by the Trade marks Registry. This is a very important and critical stage in the trade marks registration procedure. After the trade marks fulfills all the initial requirements i.e. the distinctiveness factor and has got approval from the registry regarding its registrability, it is finally advertised in the Trademarks journal for inviting any third-party opposition. The main reason behind this is to give an opportunity to the common public to raise opposition against the registration if they believe the trade marks to be deceptively or phonetically similar to their owner's other existing marks.

If a Trade marks Affects You, You Can Oppose!

Who Can File an Opposition?

Any person may give a Notice of Opposition irrespective of the fact of his commercial or personal interest. The person need not be an owner of a prior registered trade marks. He can be a customer, a purchaser, or a member of the public likely to use the goods. The question of the bona fides of the opponent does not arise in case of filing an opposition. People are permitted to oppose the TM within a period of three months from the date of its publication in the Trade mark journal, which can then be extended to a maximum of one more month.

Protect Your Brand – Know the Grounds for Opposition!

What are the Grounds of Opposition?

A pending trade marks application may be opposed on the following grounds:

The mark is a generic term for the associated wares or services (in any language);
The mark is primarily merely a surname;
The mark is confusing with another trademark, official mark, an Olympic mark, or a geographical indication registered in India;
The trade marks is prohibited under the Emblem and Names Act, of 1950;
The mark is scandalous, obscene, or immoral;
The mark is customary in the current language or in the established practices of business;

The mark is contrary to the law or is prevented by law;
The mark contains matters that are likely to hurt the religious feelings of any class or section of people;
Another party had prior use of the mark or a confusingly similar mark in India;
The applicant used the mark only as a licensee of another party;
The mark is devoid of distinctive character;
The mark is descriptive in nature;
Application for the trade marks is made with bad faith;
The trademark is likely to deceive the public or cause confusion.

Trademark Issues? Rectify & Secure It!

Trade Marks Rectification

A trade marks is a unique symbol or mark that distinguishes one product from the other. For ease of understanding, it can be compared to a birthmark that is unique to a person. To ensure that the trademark is unique and exclusive, the proprietor must register it as per the conditions laid down by Trade marks Act and Rules.

6. Process of Trade marks Rectification

The process of trademark rectification in the case of proprietor-initiated and registrar-initiated remains the same. The following are the steps: 1. Submission of documents : The proprietor must submit the relevant application(s) along with the alterations required and relevant documents (depending on the alterations required)for supporting the alterations like identity proofs or address proofs. 2. Drafting of the application : The applicant then needs to fill out the relevant form with all the details. 3. Filing of the form : The next step is to file the form with the Registrar along with the prescribed fees. 4. Approval of government : The last step is approval by the Registrar and modification in the register as required. When the rectification is initiated by an aggrieved person, then the process is: – The aggrieved person must apply in the relevant form (as set out above) along with the reason for rectification and submit it to the Registrar with the prescribed fees. – Then the Registrar will send notice to the proprietor of the trademark to file a counter statement – Both parties will have to file affidavits producing their evidence. The effect of rectification can be that after hearing the case presented by both parties, the Registrar or the Appellate Board can either cancel, vary, add, or remove the entry. Trademark Act and Rules provide relief both to the applicant and the aggrieved person to seek rectification or cancellation of the trademark.
What is Trade marks ?

A trademark is a legally protected sign that protects your brand name, logo, slogan, symbol, etc. It helps prevent others from using it.
5. Where can the Rectification or Cancellation be Fillled?

The application can be filed in the prescribed manner before the Trademark Registry where the original application was filed or at the Appellate Board, and the Tribunal may order the action of rectifying or canceling the trademark, as it deems fit.
4. How to Apply for Rectification?

The process for application for rectification can be divided into three categories: Rectification or cancellation initiated by the proprietor of the trademark – Apply in the form “TM-16” along with prescribed fees. Rectification or cancellation initiated by the registrar – Form “TM- M” along with prescribed fees. Rectification or cancellation initiated by any aggrieved person – Form “TM-26” along with prescribed fees
1. When can a Trade Marks be Rectified?

A trade marks is a unique symbol or mark that distinguishes one product from the other. For ease of understanding, it can be compared to a birthmark that is unique to a person. To ensure that the trade marks is unique and exclusive, the proprietor must register it as per the conditions laid down by Trade marks Act and Rules.
3. What are the Grounds for Rectification?

The grounds for rectification can be classified as follows: Error in the application form like the wrong address or contact details. Error in the details of the trademark such as class, description, classification, and design. Error in the details entered in the register. Modifying details in the application such as the change of applicant and change of address. Removal of the trademark when not in use for five years and three months. Any other grounds prescribed and accepted by the Registrar. All the above grounds for rectification are identified at the applicant’s end; however, there can be instances where the registrar orders for rectification on learning of some errors. The registrar can also order for rectification when an aggrieved person makes an application for rectification or removal.
2. What Action can be Taken Against a Trade marks that is Wrongly Registered or Wrongly Remaining in the Register?

In case of the trade marks being wrongly registered or wrongly remaining in the register, the Act allows rectification. Any person aggrieved by the trademark can apply for rectification or cancellation of the trade marks. An aggrieved person is a person whose trading interests are affected by the presence of the entry in the register.
What is Trade marks Search ?

Before registering a trade marks, you should use "BSR Search" to find out if someone has already registered your name/logo.
Trademark Registration Type?

Individuals/Startups/SMEs Companies
Trade marks Types?

Word Mark Logo Mark Slogan Mark Shape Mark Sound Mark
What is Trade marks Classes?

Trade marks is divided into 45 classes.: 1-34 Products Business 35-45 Service Business
What is Trade marks ?

A trademark is a legally protected sign that protects your brand name, logo, slogan, symbol, etc. It helps prevent others from using it.
What is Trade Marks registration time?

Registration can take up to 12-24 months. ™ (Trademark symbol) can be used immediately, but ® (Registered symbol) can only be used after permission has been granted.
What is Trade Marks Objection/Opposition?

Objections/Oppositions may arise to posts every day. Objection: If the Govt examiner has any doubts Opposition: Other brands can Opposed - If you give a legal reply, you can resolve the conditions and fix the Trademark.
What is Trade marks Validity & Renewal?

Trade marks is valid for 10 years. Renewal is possible, otherwise it will be deleted.
What is Trade marks Registration ?

E-filing can be done online, but there may be some legal complexities
Trade marks Infringement – Infringement of rights

If someone uses the trademark, legal action can be taken to remove it.(Protected under the Trademark Act, 1999)

BGROW

A Trade Marks is a unique sign that identifies goods or services. In India, it's protected by the Trade Marks Act, 1999.

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