Intellectual Property RightsTrademark In IndiaAre You Filing Trademark Applications Cheaply Or Dangerously -III

Are You Filing Trademark Applications Cheaply Or Dangerously -III

We at AMLEGALS often come across various issues where due to silly or serious mistakes,committed at the time of filing trademark applications, the applicants land up with costly litigations in order to either acquire or to defend objections during the process of  processing of application for registration of trademark in India. 

We are sharing some of the common mistakes committed  during filing of an application for registration of trademark  and which results delay in registration and/or abandoning of applications  as below :

1. Proper Documents Not Supplied :

If trademark is not in English or Hindi, then the translation and transliteration of the trademark has to be enclsoed at the time of filing the application.

Further,the statement of usage,legal status of the applicant or any information that is mandatory but not supplied or supplied in not prescribed manner then it leads to landing up with formalities check failure.

2. Alert To Electronic Data Processing:

It is also one of the comon problem where alert is raised in case trademark logo, label or device is not scanned proplery.This may occur due to two reasons i.e i) due to improper manual scanning by registry office or ii) due to improper scanning by trademark attorney while making an online application

Till the date there is no system of intimation towards such discrepancy. This can be an unknown and untraceable problem for long time time. Therefore, only expert IPR law firm can help in getting rid of such issues. 

3. Proper Specifications & Characters 

Every application has to incorporate specification of goods or services by not exceeding 500 characters. Incase, if it exceeds such ceiling limit then an additional fee of Rs.10 per character has to be paid extra.

Where, the ceiling limit has crossed but the application has not accompanied extra fees then also the application will be in limbo. Whereas, an expert can easily detect it and expedite the process of registration of trademark.

4. Application & Amendment Application

This is one of the major problem which has been ecountered by trademark office and even observed by IPR expert law firm like ours that many applicants have failed to show their actual usage date. Rather, the applications are filed with an in intent to use only.  

However, subsequently an amended application is filed  to rectify the same and which in turn results into dumping of application at trademark office.It can be also checked with proper legal startegy only by an expert IPR law firm.

5. Examination Report Issued But No Reply Filed

After examination of application ,  the trademark office issues  exainatoin report which needs to be replied with satisfaction within 30days or within such time as may be extended. However   but in most of the cases neither the details of the objection nor the issuance of examnisation report is known to the applicants.

This literally results into falal result i.e abandoning of applications .Recently, on 11th July 2016,trademark office issued and dispatched 13062 examination reports containing office objections under Sections  9, 11 and other relevant sections of the Trade Marks Act, 1999 to the concerned applicants or their authorised agents on record in the months of March and April 2016, but only 3484 applications were replied .

Hence, the aforesaid complications remain undetected even for years and if any objection is not removed or is left unattended, then it results into abandonement of applications .

However, proper advice and prevention from such complications can be possible only where the application for registration of trademark is filed through a IPR expert law firm, otherwise filing application for registration of trademark by exploring the cheapest options can be suicidal for a business.

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The reason for sharing such an important aspect is to only educate about Trademark and it is not meant to insult or question the service of such online service providers.

For further details on trademark, please connect on info@amlegals.com.