TL;DR: A surprising number of trademark objections in India come from one avoidable mistake: a vague, non-standard, or free-typed goods and services description. If you write “software” or “all goods in class 25” instead of using clear, standardised terminology, the examiner can object that your specification is too vague to classify. The fix is to […]
Author Archives: Prakhar Rai
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Jul
Jul
TL;DR: A well-known trademark in India is one so widely recognised that it is protected across all classes of goods and services, not just the one it is registered in. That cross-class protection is the real prize: it stops others using your name even on completely unrelated products. You can apply for the status directly […]
21
Jul
Jul
TL;DR: Passing off is the common-law remedy that lets you protect a brand you never registered, and even lets a prior user beat someone who registered the same mark later. It is preserved by Section 27(2) of the Trade Marks Act, 1999. To win, you must prove three things (the “classic trinity”): that your brand […]
21
Jul
Jul
TL;DR: Trademark infringement happens when someone uses your registered mark, or a deceptively similar one, on the same or similar goods or services in a way likely to confuse customers. It is defined in Section 29 of the Trade Marks Act, 1999. If it happens to you, you have real teeth: civil remedies under Section […]
TL;DR: A trademark hearing (or show cause hearing) is called when your written reply to the examination report did not fully satisfy the examiner, so you are invited to argue your case in person, now almost always by video conference. It is a genuine second chance, not a rejection. But here is the honest part: […]
TL;DR: You can check your trademark application status free on the IP India eRegister portal using your application number. The statuses that matter most: “Objected” is not a rejection, it means the examiner has raised objections you must answer within one month. “Accepted & Advertised” does not mean registered, a four-month opposition window is still […]
TL;DR: A trademark examination report is the Registry’s written notice that your application faces an objection, and it must be answered within one month (30 days) of the report, or your application is treated as abandoned. The most important thing to do first is read which section the objection falls under, because that decides everything. […]
TL;DR: Rectification and cancellation are the legal routes to remove or correct a registered trademark in India, filed on Form TM-O (₹2,700 e-filing, ₹3,000 physical) before the Registrar, with appeals now going to the High Court since the IPAB was abolished. The main grounds are non-use for five continuous years under Section 47, and wrongful […]
20
Jul
Jul
Trademark Assignment in India: How to Transfer a Trademark Properly TL;DR: A trademark assignment in India transfers ownership from one party (the assignor) to another (the assignee), and to be valid it needs three things: a written assignment deed, stamping under the relevant state stamp law, and recordal with the Trade Marks Registry on Form […]
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Jul
Jul
TL;DR: A registered trademark in India lasts ten years and can be renewed indefinitely in further ten-year terms under Section 25 of the Trade Marks Act, 1999, by filing Form TM-R. You can file the renewal up to a year before expiry, and there is a six-month grace period after expiry (with a surcharge). Miss […]