Trademark Registration in India is governed by the Trademarks Act, 1999 and the Trademark Rules 2003 and 2017, and one may have navigate through quite a few challenges in the entire process of Trademark Registration.
Careful examination
It is important to note that Trademark Registry in India conducts a very thorough examination of the Applications they receive. Many individuals and businesses struggle to meet all the required criteria; or fails to understand the nuances of Trademark and hence, it becomes challenging for them to get a Trademark Registered successfully.
Identical Marks
If you file a Trademark Registration application for a mark that is very similar to an already existing Trademark, then there are chances of objections and oppositions to your Trademark Application. A Trademark Application will also be objected and rejected if the absolute ground of refusal apply to it.
Opposition Proceeding
A third party may file an opposition to your Trademark after your trademark gets published in the trademark journal. There can be numerous grounds to file an Opposition to registration of a Trademark. The applicant is required to file a Counterstatement within two month, when an Opposition is filed against his Trademark Application, or the application will be deemed abandoned.
Improper Trademark Search
It is always prescribed that before filing a Trademark Registration Application, a thorough trademark search be conducted to verify its uniqueness. This can prove to be challenging for many individuals and businesses as it is very time- consuming process and requires an eye for detail.
Classification of Goods/Services
Trademark laws in India have classified Goods and Services into 45 different Classes and it is crucial to properly identify the Trademark Class before making an Application for Trademark Registration. Most of the 45 Classes are totally different from one another and the trademark registration is highly dependent on this classification. This may prove to be difficult for numerous businesses.
Necessary Requirements
Ensuring that all record keeping and paperwork obligations are fulfilled is crucial. Owners of recently registered trademarks must make sure they keep up with all the documentation and make any necessary updates.