Registration of Trademarks in India is governed under the Trademarks Act, 1999. Any device, label, sign, word, or letter capable of being graphically represented and distinguishing the goods from the other can be registered as a trademark under the Act. This article, in brief, explains the process of trademark registration in India.
Registration of your brand name/ company name is important because it grants you/ the applicant the right to use the mark exclusively vis-à-vis other parties. If any other party tries to use a similar mark, you can undertake appropriate proceedings against them and seek damages in return under the Trademark Act, 1999. The Trademark Act of 1999 and the rules framed thereunder govern the provisions relating to registering trademarks in India.
Anyone interested in registering their mark needs to file an application with the Registrar of Trademark either manually or through an e-filing website provided by the Controller General of Patents, Designs, and Trademarks (https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx). Such a person may either apply by himself or through an authorized agent.
The trademark registration process can be divided into the following stages:
Stage 1: Pre-Filing Process (i.e., Step I and Step II below);
Stage 2: Filing and Examination of the Mark (i.e., Step III and Step IV below); and
Stage 3: Hearing and Process Ahead (i.e., Step V below).
Stage 1: Pre-Filing Process
Step I – Identification of the type of mark and class under which the trademark is to be registered:
Under this step, the type of mark (i.e., wordmark (for ex: ‘Quick Company’) or logomark (e.g.) and trademark classes (45 classes available ranging from classes pertaining to food items to mobile software/ apps, etc.) proposed trademarks should be identified based on how the proposed mark is used by the applicant and the services/ goods provided thereunder.
Step II – Generation of a Search Report:
Under this step, one should conduct a trademark search in the database maintained by the Government (i.e., trademark registry) to check for any similar or identical trademarks that have already been registered/ pending registration with the Trademark Registry. A search report can be generated thereafter of such marks, based on which one can analyze the feasibility of registration of the proposed mark.
Stage 2: Filing and Examination Process
Step III – Filing of the Trademark Application:
Once the search report is generated and ascertained that an application for registration of a proposed trademark is to be made, details such as the applicant’s name, address, proposed mark, and the proposed class must be filed in the trademark application.
Please note that a separate trademark application will have to be filed for each type of mark and each class. Further, if the mark is already in use, the applicant should always file an affidavit stating the date from which such mark is used along with evidence supporting such use from the said date. In addition, if the application is filed through an authorized agent/ attorney, a power of attorney must be attached to the application.
Step IV – Examination of the Application by the Registry:
Once the application is filed, the examination officer will examine the proposed trademark and generate an examination report. Suppose the officer raises any objections. In that case, a reply has to be filed, and an opportunity for a personal hearing(s) will be given (on a date notified by the TM Registry). Once that is done, the mark will either be accepted or rejected.
Stage III: Hearing and Process Ahead
Step V – Hearing and the Process Ahead:
Suppose the TM Registry accepts the mark. In this case, it will be published and advertised in the Trademark Journal for 4 (four) months, and any third party/ general public is entitled to file their opposition to the proposed mark. If no oppositions are received from the public during the said period, the proposed mark will be registered, and a registration certificate will be issued.
However, if oppositions are received in the said period, appropriate action/ filing of replies/ evidence will have to be undertaken.
Timeline: 6 (six) to 8 (eight) months, if no objections and/or oppositions are received.
Saad Mushtaq was born and raised in the busy city of Abbottabad. As a journalist, Saad Mushtaq has contributed to many online publications including the PAK Today and the Huffing Post. In regards to academics, Saad Mushtaq earned a degree in business from the Abbottabad UST, Havelian. Saad Mushtaq follows the money and covers all aspects of emerging tech here at The Hear Up.Thanks
Advice On Extending The Life Of Your Memory Foam Bed
The ultra-absorbent polyurethane foam used to produce memory foam mattresses sometimes referred to as “synthetic viscoelastic foam,” provides pliable support that makes lying on one feel like lying on a cloud. Given that NASA developed memory foam for space shuttles, that is logical. Customers have gushed about the wonderful comfort these beds offer since memory foam entered the mattress market.
Maintaining the quality of the best memory foam mattresses you have purchased became essential over time. At the end of this post, you will grasp the tips on how to maintain the comfort and durability of your memory foam mattress. read in advance;
1. Ensure Your Mattress Is Safe
Innovative mattress protectors. A mattress protector should fit snugly, like a fitted sheet, to prevent spills and stains. Encasement protectors, which cover all six sides and have a zipper, are also available (including the bottom). Sleepers with allergies or bedbugs can utilize the best mattress encasement protectors. Whether you eat in bed or not, a mattress cover is vital to protect your mattress from bodily fluids, skin flakes, spilled food, and drinks.
2. Lay A Firm Foundation
Having a base isn’t required for a memory foam mattress to operate well, but it will raise your bed to the right height. If you use memory foam mattresses, your base must be solid, level, and gap-free. Slats on a slatted base should be no more than 2.75 inches apart to prevent uneven mattress wear. If the slats are too far apart, you’ll need to buy extra or use a plywood board.
3. Prevent Pets And Children From Jumping
This counsel is direct. Pets who roam freely and lie on the bed stimulate the spread of germs, insects, and bacteria where you sleep. The perfect situation is when you meet a nice and cuddly bedmate. The worst-case situation is parasite eggs nearby about to hatch. It’s encouraged to ban youngsters under 8 from jumping on beds. Bouncing on the bed is not only hazardous, but it also damages the mattress. The memory foam is overworked by the quick up-and-down movements, which don’t prolong its life.
4. Rotate Your Mattress Regularly
It’s common if you’ve heard of this advice, but have you ever put it to use? Rotate your memory foam mattress 180 degrees every season, starting right away. This method is based on the idea that sleeping in the same spot on the mattress every night could be uncomfortable and lead to a concentration of wear and tear in that area. It should be noted that certain high-end made in the USA mattress producers make mattresses that don’t need to be turned.
5. Make Your Mattress Clean
Your memory foam mattress may be protected against sweat, dust mites, and other allergies by vacuuming it at least twice a year. Start by sprinkling baking soda on your stripped mattress since the longer it remains there, the better. A few drops of essential oil are an optional addition. At some point, take out the vacuum and completely remove the baking soda using the upholstery attachment. The tufts, seams, and areas between the mattress and foundation are known to be dust mite havens.
6. Do Not Make Your Bed
You did indeed read that correctly. While it might appear illegal to put off making your bed, it is not recommended. Delaying making the bed gives your memory foam mattress and linens time to breathe, giving any moisture that may have accumulated throughout the night a chance to evaporate.
Umar Nisar was born and raised in the busy city of Abbottabad. As a journalist, Umar Nisar has contributed to many online publications including PAK Today and the Huffing Post. In regards to academics, Umar Nisar earned a degree in business from the Abbottabad UST, Havelian. Umar Nisar follows the money and covers all aspects of emerging tech here at The Hear Up.