If your brand is really specific, there may be a possibility that you can protect the trademark registration within 7 to 8 months (but you can start using your trademark from the date of submission). During this process, one of the reasons that can delay your trademark registration plan is if you receive an objection from the ministry. While there is no way to predict or secure the occurrence of this objection, you can at least try to avoid it by following some things before making the request.
What exactly is the objection to the trademark? Basically, while logging into ipindia.nic.in and checking the status of your trademark application and saying that reputation is PROHIBITED and there is an alarm showing Waiting for response to the exam report, it means that an exam file has been issued against your trademark objection reply application.
This exam is conducted by trademark investigators, as the law is based on why you should no longer get the trademark or what problems you should fix in your trademark application. All such objections are uploaded in the form of a file which you can download from the trademark registration site. It is necessary to respond within one month from the date of issue of the report.
Therefore, we will constantly try to stay away from the opposition to registered trademarks, but 90% of the application for registered trademarks achieves at least one that can be easily dealt with by a competent lawyer (however, in case you are caught with Beginner's trademark agents who do not know how to present intelligent arguments, their trademark registration could be expanded). Let us understand how we can further shorten this trademark registration.
It is very important to match your trademark application in accordance with the law that must appear as your savior to avoid objections. There are many stories in which people invested lakhs and lakhs in the packaging of products, right after submitting the trademark application. And because of trivial errors, they had to pay a huge cost while their trademark was rejected.
1.To perform a thorough search.
Perform both word mark search and phonetic search.
Suppose you have chosen the word CURVE as your brand name, so you have to look for the availability of the word CURVE as it is, and also KURVE, KARVE, CORVE and all other possible combinations of a word that results in the same sound or a similar sound.
Collect search reports and analyze them correctly. If there is a similar word already registered, try selecting a different brand.
2. Don't use descriptive words:
If your brand is available, proceed to the next level and understand if it is a legally acceptable brand. That is, it should not be descriptive, it may be weird, but the Trademark Act does not allow brands that accurately describe the nature of their products or products, but generally people tend to choose such names. Therefore, it is always advisable to choose a found word, words that have no meaning in the dictionary and do not refer directly to your products or goods.
For example, you should not choose a name like "hair shine" for a shampoo because an ordinary person may deduce that it is a product related to hair care, which is expressly prohibited by the registered trademark law.
3. Do not use the name of any geographical location
Try to avoid using a name from any geographical location or place, such as India, although it can be deleted if used in combination of words, but generally in most cases such trademarks are often contained in Section 9.
4. Do not make administrative errors
The most common mistake people make when submitting a trademark application is to write an incorrect description of the products / services. Although you are sure that your product belongs to a particular class, do not try to use a common term for it. Always check the exact language provided under a comfortable classification, select the words and description accordingly. Let us understand this more clearly by taking an example.
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