trademark & ipr
Trademark Registration
Trademark registration legally protects your brand name, logo, symbol, or tagline from unauthorized use. It helps establish a unique identity in the market, builds brand value, and offers nationwide ownership rights. Whether you're a startup, individual, or established business, securing a trademark ensures your brand is recognized and safeguarded.
Trademark Objection
A Trademark Objection is a formal response issued by the Trademark Examiner after the initial review of a trademark application. It does not mean that the application has been rejected, but it indicates that certain issues need clarification or correction before the trademark can proceed to publication. This objection is usually raised under Section 9 (absolute grounds for refusal) or Section 11 (relative grounds) of the Trademark Act, 1999.
Trademark objections can occur due to various reasons such as:
The trademark is similar or identical to an existing registered mark.
The mark lacks distinctiveness or is too generic or descriptive.
The mark is misleading or deceptive in nature.
The application includes prohibited or offensive terms.
Incorrect or insufficient details provided during application.
Trademark Opposition
Trademark Opposition is a legal remedy available to any third party who wishes to challenge the registration of a published trademark in the Indian Trademark Journal. Once a trademark application is accepted by the registrar and published in the journal, it enters a 3-month opposition window (extendable by 1 month). During this period, any individual or entity that believes the trademark could harm their brand or infringe upon their rights can file a formal opposition.
This process acts as a preventive measure to protect existing brands, logos, or trade identities from potential misuse, confusion, or dilution. Trademark Opposition typically arises in cases where:
The opposed mark is identical or deceptively similar to an existing registered or pending trademark.
The opposed trademark lacks distinctiveness or is descriptive in nature.
The mark may cause confusion among consumers or misrepresent the origin of goods/services.
It is registered in bad faith or may harm the goodwill of an established brand.
Trademark Infringement
Trademark infringement occurs when a person or entity uses a trademark that is identical or deceptively similar to a registered trademark without the consent of the trademark owner. This unauthorized use can cause confusion among consumers, mislead them about the origin of goods or services, and dilute the goodwill and reputation of the original brand. Under the Indian Trademark Act, 1999, such infringement is a punishable offense and entitles the trademark owner to take civil and criminal actions against the violator.
A registered trademark grants the owner exclusive rights to use the mark for specific goods or services. If any third party uses the same or a confusingly similar mark for related goods or services, it may be considered a direct infringement. Infringement may also include logo imitation, counterfeiting, packaging design copying, or misleading trade practices that affect the consumer's ability to distinguish between brands.
At Vexa Grow Enterprises, we offer comprehensive legal support for trademark enforcement. Our services include:
Monitoring unauthorized use of your trademark across online and offline platforms.
Issuing cease-and-desist legal notices to infringers.
Assisting in civil lawsuits or injunction proceedings in court.
Helping clients file for damages or financial compensation due to losses incurred.
Facilitating international trademark registration through the Madrid Protocol, enabling you to secure brand rights in multiple countries via a single process.
Trademark Renewal
A trademark is a unique identifier—such as a name, logo, slogan, design, or even a sound—that distinguishes your product or service from others in the marketplace. Once registered, a trademark is valid for 10 years from the date of registration. To maintain exclusive rights and continued protection, it must be renewed before its expiration.
Trademark renewal is a critical process that helps preserve your brand’s legal rights and market reputation. The Trademark Registry sends a reminder 6 months before the expiry to the registered address. However, if the owner fails to act, the trademark may be removed from the Trademark Register, leaving it vulnerable to misuse or registration by others.
Even if the deadline is missed, the trademark can still be renewed within a grace period of 6 months post-expiration by paying a late fee. Failure to renew within this time frame may result in loss of ownership rights, and re-registration would require a fresh application.
Trademark Rectification
Trademark Rectification refers to the legal process of correcting or canceling an entry in the Register of Trademarks. This remedy is available to any aggrieved party who believes that a trademark has been wrongly registered or needs to be amended due to error, non-use, or misrepresentation.
Under Section 57 of the Trade Marks Act, 1999, the Act allows for rectification or cancellation of a trademark on various grounds, such as:
Incorrect registration due to procedural or clerical errors.
Non-use of the trademark for a continuous period (typically five years) from the date of registration.
Contravention of conditions associated with the registered trademark.
Deceptive or identical marks that could mislead the public or harm the reputation of an existing brand.
Trademark wrongly remaining on the Register despite being invalid or abandoned.
Trademark Assignment
A trademark represents the identity of a brand through a unique word, logo, slogan, image, color combination, sound, or even smell. It helps differentiate your products or services in the marketplace and establishes legal ownership.
Trademark Assignment is the legal process of transferring ownership of a trademark from one party to another. This may occur in situations such as a business sale, merger, or brand acquisition. The transfer can apply to both registered and unregistered trademarks, and may be permanent or for a specified time.
Assignment must be done through a written agreement, clearly stating the terms and scope of the transfer to avoid future legal disputes. It is also essential to notify the Trademark Registrar and file the necessary application to record the assignment officially.
Types of Trademark Assignments include:
Complete Assignment: Transfer of all rights associated with the trademark.
Partial Assignment: Transfer limited to specific goods or services.
Assignment with Goodwill: Rights transferred along with the brand's reputation.
Assignment without Goodwill: Rights transferred without the associated brand value.
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