- On what grounds can my application for trademark registration be refused in India?
Section 9 of the Trademark Act, 1999 lists down the absolute grounds for refusal of registration and Section 11 provides relative grounds for refusal of registration of India. Trademark law in India mandates the trademark to be distinctive and non-descriptive in order to get registered.
- Can I file a trademark application for registration of my logo in India?
Yes, a logo can be registered in India with the Indian Trade Marks Registry, in respect of particular goods and/or service. Such a logo can be protected as a device mark alone or along with words or brand name.
Both the types of aforementioned logos are registerable in India.
- What is Trademark Licensing in India?
Trademark Licensing refers to the mode of transfer of rights wherein the actual proprietary rights in the trademark vests with the trademark owner and only few stipulated rights to use the trademark is given to a third party for a mutually agreed period of time.
- Precautions Against Trademark Removal in India
Precautions to be undertaken in order to prevent the rectification or removal of a mark from the register:
- Renewal of the mark from time to time.
- Preserving the distinctive character of the mark and avoiding it from becoming deceptive.
- Not keeping the mark unused for a period exceeding five years from the date of registration of the mark.
- How is trademark rectification application filed in India?
An application for rectification of a registered trade mark in India is required to be filed before the same Trade Marks Registry where the application for its registration was filed. The procedure before the Registrar is prescribed under Rules 97 to 100 of the Trade Marks Rules, 2017.
- What are trademark rectification grounds in India?
Rectification of a trade mark can be filed in India on grounds of contravention or failure to observe a condition of the trade mark already entered in the Register or an error in registering the trade mark. Section 57 of the Indian Trade Marks Act, 1999 provides for the grounds for Rectification of the Register.
- What is trademark rectification in India?
Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration.
- What is Indian Trademarks Act, 1999?
The Indian Trademark Act, 1999 repealed the Trade and Merchandise Marks Act, 1958 and is the current governing law related to registered trademarks in India. The 1999 Act was enacted to comply with the provisions of the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement, 1995.
- What are Registered Users rights in India?
Section 52 of the trademark act, 1999 provides for the rights of registered users in India.
- Variation or Cancellation of registration as a registered user in India
Section 50 of the Trademark Act, 1999 provides for variation or cancellation of the registration of a registered user/ licensee and also enlists the grounds for cancellation of trademark registration in India.