Advantages of filing a provisional application
brand trademark, Madrid System, Provisional Filling Of India, trademark filling in India, trademark infringement, Uncategorized

Provisional Refusal of International Trademarks in India

 

Under the Madrid System, Trademarks are registered worldwide in a convenient and cost-effective way. The Madrid Protocol is one centralized system to apply for protection of trademark in 115 countries by filing a single application.

“An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”. – Daniel J. Boorstin

When an applicant who is interested in a global Trademark files an application for registration of its trademark with its respective Intellectual Property Office (IP Office), the information is given to the International Bureau of World Intellectual Property Rights. The International Bureau of World Intellectual Property Rights examines and closely inspects the application based upon the requirements of Madrid Protocol. If the application fulfils all the criteria, the trademark is published in the International Gazette of Trademark and thereafter it is notified to all the designated countries.

“If you want something new, you have to stop doing something old” ― Peter F. Drucker

The Indian Trademark Office examines and allots an International Registration Designating India (IRDI) number to every International trademark registration designating India received from the International Bureau of WIPO.

The Brand trademark is examined by the trademark examiner on the basis of its uniqueness and similarities to trademarks registered and in the pipeline before the Indian Trademark Registry.

“It isn’t all over; everything has not been invented; the human adventure is just beginning.” ― Gene Roddenberry.

If there is any objection while examining the trademark application, for protection of such trademark registration in India, a Provisional refusal is notified to the International Bureau of WIPO within 18 months from the date the International registration was notified to India.

“Innovation is the specific instrument of entrepreneurship…the act that endows resources with a new capacity to create wealth.” ― Peter F. Drucker

Trademark Objections under Provisional Refusal In India

The objection is raised under Section 9(1) (a) of the Trade Marks Act 1999, if the mark is not unique and as such it is not efficient to distinguish the services of one person from those of others.

The objection is raised under Section 11(1) of the Trade Marks Act, 1999, if the mark is similar to the trademarks previously filed. There exists a possibility of confusion on the part of the public.

“Excellence must be achieved through the eyes of those who judge us; once achieved it can only be maintained with constant innovation.” ― Tom Collins.

Provisional refusal is basically an Examination Report containing objections.  The International Bureau provides the details of such provisional refusal to the trademark applicant of the International Trademark registration and records the provisional refusal in the International Register along with the date on which the notification was sent.

The provisional refusal is also published in the WIPO Gazette, with an indication as to whether the refusal is total (i.e. relates to all the goods and services covered by the designation) or partial (i.e., relates to only some of those goods and and services covered).

“Innovation needs preparation, collaboration and the light of the soul. Every challenge provides that light – a greater depth of understanding about life and truth.” ― Amit Ray,

How should the International Trademark applicant respond to Provisional Refusal Issued by the Indian Trademark Office under the Madrid Protocol ?

The normal deadline to revert to trademark objections raised by the Indian TrademarkOffice is 1 month from the date of receipt of the provisional refusal notification by the trademark applicant.

The International trademark applicant can also engage a trademark agent or an Indian trademark attorney having address in India by executing a Power of Attorney in the favour of the agent/attorney in the Form TM-48.

For an extension of timeline to respond to trademark objections, the Indian trademark attorney can file FORM TM-56 application for extension of time by 1 month prescribed by Rule 79 or by rule 80(4) and is at the discretion of the trademark office.

The Trade Marks Registry (TMR) office of India then considers the response of the trademark applicant of the international registration and may either confirm the refusal or move for advertisement of the international registration in the Trade Marks Journal.

“Be the initiator of things you wish to see, but can’t see. Be the originator of things you wish you feel but can’t feel.” ― Israelmore Ayivor,

Apply for TM Registration and discuss your brand strategy and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS.

We at Tech Corp International Strategist India(TCIS) provide Trademark services:

TRADEMARK OFFICE ACTION RESPONSES

We at TCIS,India evaluate your office action after client discussion and understanding his business quotes and let you know if there is a fair chance to get your trademark application approved. If you decide to hire our trademark lawyers / trademark attorneys at TCIS to draft a response to the office action, cost effective flat rates are available.

As experienced trademark attorneys we at TCIS are well versed in responding to office action letters issued by trademark examining attorneys at the Indian Patent Office(IPO) and Indian Trademark Office.

Trademark Monitoring Services

We at TCIS,India also offers trademark monitoring services for OUR clients. This service is designed to protect the client’s trademark by periodically reviewing the records of the Indian Patent Office(IPO) and Indian Trademark Office, and additional sources, depending on the monitoring service requested, for applications to register, or use of, confusingly similar marks.

Other Services

The firm offers a variety of services, including representation in cancellation and opposition proceedings at the Trademark Trial and Appeal Board.

CALL NOW FOR YOUR FREE CONSULTATION WITH TRADEMARK ATTORNEY at 011 6654 4992 OR SEND AN EMAIL TO legal_desk@patentbusinessidea.com

When you contact Trademark attorney at TCIS,India whether by phone or email, you can expect to receive prompt, professional, efficient and courteous service.

Clients of the firm enjoy the following:-

  • Free initial trademark consultation with an experienced trademark attorney
  • Review of office actions by an experienced trademark attorney
  • Trademark attorney personal attention to their matters
  • Firm ideology of involvement that requires “going the extra mile”
  • Firm policy to return client phone calls and respond to emails immediately whenever practical
  • Cost-effective flat rates

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s