A trademark registration gives the proprietor an exclusive right to use the trademark about the goods and services. They are classified as intellectual property and are thereby protected from infringement. Trademarks help consumers recognize the brand and the brand value without any hesitation. Unlike patents, trademarks don’t have any definite limitation period. It expires after 10 years of registration, but, it can be renewed again for another 10 years. This process is indefinite.
- Pan card and adhar card of the proprietor.
- Phone number and mail id of the proprietor.
- Brand name and logo.
- Nature of business.
A trademark objection occurs when a trademark examiner objects to the registration of a particular trademark. There may be two reasons for such an objection:
- Incomplete or wrong information
- Existence of a similar trademark
When a trademark objection is raised, the application status is marked as “Opposed”. If the objection is towards a registered trademark, it will be marked “Objected” in the Indian Trademark Registry. A notice will be served in such cases, informing him about the objection and the grounds of the objection.
Trademark opposition in India occurs after the trademark application has been approved by the registrar on grounds of distinctiveness. The Trade Marks Act, 1999 provides that any individual can oppose the registration of a mark that is published in the Journal by filing a notice of opposition with the Registry. This Act provides that anyone can file a notice. The Opposition is not required to have an application in India to oppose any trademark.
A registered trademark is valid for 10 years. Once it expires, it needs to be renewed. The registrar of trademarks will send a letter of reminder of the expiry of the trademark 6 months before its expiry date.