How Does Trademark Watch Work For You?
A Trademark Watch would keep you informed of any attempts to register the
same or similar trademarks to your own.
What is Trademark Watch?
Registering a trademark is the first step towards protecting your brand name. A trademark is a symbol and can be anything from a name, picture, and word to even a label or a sound. Once registered, it can be a precious asset for a business as with a trademark, the business can project its unique positioning to the consumers.
To ensure you have full control over it, you need to keep a close watch on all the probable attempts by other businesses and individuals to register similar trademarks, even if these are related to other domains. While the Registrar does have its own set of rules for approving trademarks, it is not enough to ensure that no similar or identical brand names are registered. This is where a trademark watch comes in; it will keep you informed of any similar brand names across the web or new applications at the trademark office, both in India and globally.
What are the benefits of Trademark Watch?
There are a number of benefits that a trademark watch service can bring to your business-
Timely Identification Of Trademark Misuse
The whole idea of registering a trademark for a business is to assert its rights. Once your trademark gets registered, you may think that your rights are covered. But, this does not happen always. All new trademark applications need to go through scrutiny by an official trademark examiner. However, an examiner, due to lack of knowledge or otherwise, may still approve a new trademark with competing similarities. An efficient trademark watch service can prevent such a situation in time and can protect your legal rights. It would keep you informed of any attempts to register a trademark, having any kind of resemblance (visual, phonetic etc) to that of your own. The earlier a trademark misuse is identified, the easier it is for you to act against such infringements and to enforce your trademark rights.
Keeping Your Brand Value Intact
For you to be in control of your brand value, you must know how it (and similar words) is being used in public. A Trademark Watch will keep you apprised of how the brand value is being used even outside your industry.
What are the reasons for choosing our trademark watch service? ( Checklist)
We value trademarks as unique creations for promoting your brand. Hence, we design a customized trademark watch parameter to suit your unique needs. Here is a checklist for you to understand why our trademark watch service is a cut above others-
- Our watch identifies similarities in word meanings. It is not restricted to mere similar/identical word matches
- We leverage technology to identify visual and phonetic resemblances as well
- We provide timely reports so that you can act fast to protect your intellectual property
- We also have a user-friendly portal where you can store and review your watch reports
- We offer cost-effective analysis
- We offer volume discounts and affordable rates
How to avail of our services for Trademark Watch?
You discuss your business and brand with our lawyers. The lawyers recommend the variations on your brand name that need to be tracked.
We have access to the database of all trademark filings across industries. We keep a watch on all new filings. With the help of it, we capture the mention of similar or identical brands.
We provide you with real-time information on any attempts by other businesses and individuals to register similar trademarks, even those in other domains. This can be done in India and globally.
How To File A Trademark Objection Response - A Detailed Process
When an objection is raised, the status of the trademark in the Indian Trademark Registry will be marked as “Objected”. The following are the steps to file a response in the event of a trademark objection:
Step 1: Analyzing Trademark Objection
The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response.
Step 2: Drafting Of Trademark Objection Response
The next step is to draft a trademark reply which should include the following:
- A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case
- The differences between the conflicting mark and the mark of the applicant.
- Other supporting documents and evidence that validates the response.
- An affidavit stating the usage of the trademark in the applicant’s website and social media channels; advertisement in the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same
- The response draft is then filed online on the Trademark e-filing portal.
Step 3: Trademark Hearing
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice.
Step 4: Publication In The Trademark Journal
If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal.
In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed.
Step 5: Registration
Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law.
How Buiznest Helps With The Trademark Objection Process
If you have filed your trademark with us, we will intimate you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not a customer, it’s best you contact us within a month from the publication of the report.
Our Legal Team
We will put you in touch with our lawyers, who will understand your case and frame the correct response and affidavit (if required). The response will be submitted.
If the Registrar does not accept your initial response, an interview is scheduled, where the arguments are presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.
FAQs on Trademark Objection
Why is the timely identification of a similar trademark useful for my business?
Where should I register a trademark for my business?
Why should I register a trademark?
60 Established Vendors
Buiznest has successfully completed 600+ registrations in the past year alone. We have partnered with some of the top experts in business across India to get your registration across to you on time.
9.1 Customer Score
We make your interaction with the government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
200+ Strong Team
Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we’ll try to ensure that your doubts are cleared before they even arise.
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