Last Updated on June 5, 2024 by D. Lalitha B.com B.L (Hons)
The Indian Trademark Act 1999 provides national protection for trademarks, but many people are unaware of the steps involved to protect a brand. Once a firm name and logo are registered, they are safeguarded as joint law trademarks. However, registering with the USPTO provides more comprehensive countrywide protection. Successful trademark registration involves a thorough application, follow-up, and regular inspection. To protect and maintain your brand, both your brand and trademarks need to be protected. The USPTO is the Office of Trademarks and Patents, and ensuring a thorough application, follow-up, and regular inspection is crucial for protecting your brand.
6 Strategies to Maintain your Trademark after Filing:
Mentioned below are the six ways to maintain your trademark after filing in the country:
Define Your Trademark Distinctively
- Determine and highlight your unique selling points to set your trademark apart.
- Similarities between marks for related goods/services can cause confusion.
- Emphasise uniqueness to prevent obstacles in the registration process.
- Conduct Comprehensive Trademark Search
- Similar marks for similar products/services heighten confusion risk.
- Mitigate risk by conducting a thorough trademark search.
- Increases chances of successful trademark registration by minimising doubts.
Filing a Trademark Application for Your Logo, Trademark, or Brand Identity:
Further, to maintain your trademark after filing, such as a logo or brand identity, it is imperative to initiate the process of trademark protection. If a thorough trademark search reveals no conflicts with pending or registered trademarks, the next action involves submitting a trademark application.
- Trademark Search Resolution:
- Ensure comprehensive search to resolve conflicts with existing trademarks.
- Prepare Your Application:
- Develop a clear representation of the mark (logo or brand identity).
- Provide a specimen displaying Mark’s use in business (e.g., label, brochure).
- Specify Categories of Goods and Services:
- Clearly define the categories of goods and services employing the mark.
- Make sure that trademark rights are linked solely to specified areas in the application.
- Acquiring Trademark Rights:
- Understand that rights acquired through the application are category-specific.
- Specify categories of goods or services accurately.
- Secure the intended scope of protection by exact name.
Promptly Address Office Actions or Opposition in the Indian Trademark Context:
Vigilantly address office actions or opposition in the Indian trademark registration process. Swiftly respond to potential challenges to navigate them effectively. After filing, your application will be assigned to the Trademarks Registry. You may receive official correspondence about any problems or concerns when doing an examination.
Key Considerations for Indian Trademark Applicants:
- Timely Responses:
- Failure to swiftly attend to objections may render the application inactive.
- It is essential to address the examiner’s issues within the allotted time limit.
- Opposition Proceedings:
- Be prepared for potential objections after the resolution of issues and publication in the Trademarks Journal.
- Take the proper action to safeguard trademark rights.
- Official Gazette Publication:
- Notification in the Official Gazette functions as a public disclosure.
- Subsequent objections require timely and effective responses to protect the application.
Managing Your Trademark:
The next step to maintaining your trademark after filing is managing it. Upon successful approval of your trademark registration in India, your responsibilities extend beyond just getting the registration. Utilising the registered trademark symbol is the first step, but ongoing vigilance is crucial to protect your brand in the ever-changing market.
- Active Monitoring of Trademark Filings:
- Stay vigilant by monitoring new filings with the Indian Trademarks Registry.
- Regularly check for similar or similar applications.
- Proactively object to potentially infringing applications.
- Objecting to Similar Trademarks:
- Identify applications closely resembling your registered trademark.
- Lodge formal objections with the Trademarks Registry to prevent confusion in the market.
- Taking Legal Action Against Infringement:
- If another entity uses a similar name or logo, take legal action.
- Send a cease-and-desist letter first.
- If necessary, initiate legal proceedings in Indian courts to protect trademark registration.
Sustaining Your Trademark in India – Compliance and Vigilance:
The next step to maintaining your trademark after filing it in the Indian context is maintaining its validity and protection. It entails following specific timelines and being cautious of potential threats in the digital realm.
Beware of Digital Threats and Con Artists:
- Cybersquatting Vigilance:
- Monitor online platforms to protect against unauthorised use or squatting on domains.
- Exercise caution in the digital landscape to prevent exploitation by cybersquatters.
- Guard Against Con Artists:
- Beware of unsolicited emails claiming to be from trademark offices.
- Verify the legitimacy of communications and refrain from divulging private information.
- Stay cautious to prevent exploitation by con artists pretending to be representatives.
- Diligence in Public Communications:
- Trademark offices may use open advertisements to promote services.
- Distinguish between authentic communications and deceptive attempts.
- Exercise diligence to engage with reputable organisations in public communications.
Conclusion:
To sum up, maintaining your trademark after it has been filed is crucial to protecting both your business and brand. By using your Trademark in commerce, filing maintenance paperwork and renewals, using it in accordance with USPTO requirements, evolving your trademark, and monitoring and policing it, you can make sure that it is a valuable asset for your business. Go to our website for further information.
FAQs
- I Acquired a Trademark Through a Trademark Assignment Agreement. Am I Responsible for Maintaining It?
Sure, given that the new owner of the trademark obtained it through an assignment agreement, you are in charge of maintaining it. This incorporates guaranteeing its appropriate use, restoring it as needed and protecting it from infringement.
- Do I Need to Make Use of My Trademark to Get It Renewed?
Sure, effectively involving your trademark is ordinarily a prerequisite for its restoration. Numerous jurisdictions command that a trademark should be used for the services and products it covers to be eligible for renewal. Using your trademark improperly may result in its cancellation or non-renewal.
- What are the remedies available against infringement?
The owner of the registered trademark is eligible for a long-lasting directive and may also search for damages.
- What should be kept in mind to maintain good registration?
When the registration for a mark is obtained, we should keep up with a similar through optimal recharging it. Trademark registration in India is significant for a time of a decade from the date of use/registration and can be renewed any time before a period of six months from the expiry date.
- Can we apply for cancellation/ rectification of another party’s registration?
Sure, an outsider can apply for scratch-off/correction of a registered mark on the grounds of non-utilisation of the registered mark, on the unlikely scenario that following five years and 90 days since the registration of the mark, it has never been made use of. According to establish a fixed rule in India, a registered mark must be used in business in the duration of five years and 90 days from the date of registration failing which, the said registered trademark will be defenceless against wiping activity carried out by a stranger. A correction application can also request the dropping of a registered Trademark on the grounds of comparability with a prior mark or registration obtained by extortion, and so on.
