Yes, the Trademark Office can raise objections to the registration of the trademark. The objections if raised, are generally of two types.

Relative grounds

The Trademark Office may raise objections by stating that your trademark is identical or confusingly similar to an earlier trademark that covers the same or confusingly similar products/services.

E.g.

The Trademark Office may raise objection if you plan to register “MARKMYTRADE”, and sell “trademark services” under that trademark, while there is an earlier trademark, “MARKMYTRADE”, which also covers “trademark services”.

Absolute grounds

The Trademark Office may raise objections by stating that your trademark is just a simple description of the products/services it covers.

E.g.

The Trademark Office may raise objection if you plan to register “TREKKING SHOES”, and sell “shoes that are used for trekking” under the trademark. In this case, the whole of the trademark only describes the product the trademark covers.

Written arguments have to be submitted online to the Trademark Office. The arguments should try to overcome the objections raised by the Trademark Office.

Generally two types of objections are raised. Objections based on relative grounds and objections based on absolute grounds.

Relative grounds

The Trademark Office may raise objections by stating that your trademark is identical or confusingly similar to an earlier trademark that covers the same or confusingly similar products/services.

E.g.

The Trademark Office may raise objection if you plan to register “MARKSMANTRADE”, and sell “arbitration services” under that trademark, while there is an earlier trademark, “MARKMYTRADE”, which also covers “trademark services”.

The objection may be overcome in the written arguments by highlighting the differences between the trademarks and the services covered by the trademarks, supported by previous court judgements.

Absolute grounds

The Trademark Office may raise objections by stating that your trademark is just a simple description of the products/services it covers.

E.g.

The Trademark Office may raise objection if you plan to register “UNTU SHOES”, and sell “shoes” under the trademark.

The objection may be overcome in the written arguments by highlighting that only a part of your trademark is descriptive of the products/services the trademark covers, supported by previous court judgements. 

Yes, the Trademark Examiner can be met with prior appointment. Meeting the Trademark Examiner to pursue registration is called “Hearing”.

The Trademark Examiner will issue an examination report if the Examiner has objections to the registration of the trademark. The objections are overcome by submitting written arguments.

In case the Examiner is not convinced despite the written arguments, then the Examiner can be met to address pending objections.

Most of the trademark applications generally do not go till the “Hearing” stage.  

Yes, a third-party can raise objections to the registration of your trademark, although such objections are rarely raised.

Note that your trademark application is examined by the Trademark Examiner. Once the Examiner is convinced that the trademark can be registered, your trademark is advertised for 4 months on the Trademark Office’s website.

Third-party can raise objections to the registration of your trademark during the advertisement period.

In case objections are raised, then the objections will have to be overcome (can be a lengthy process) before the trademark is registered.

You can inform us, by email or phone, to begin the process. Our expert trademark consultant will call you to understand your trademark registration requirement, and collect necessary information.

Yes, we provide services till the trademark is registered.

Yes. We do charge a fee to assess trademark register-ability.

Our expert trademark consultant will collect information to assess the feasibility of trademark registration. The expert will convey the results of the assessment, based on which you may decide to apply for trademark registration.

No, we do not charge a fee to provide update on the status of your trademark application.

Yes, we charge a fee to respond to objections raised by the Trademark Office. The fee would depend on the type of objections raised by the trademark registry.

Note that the Trademark Office does not always raise objections to the registration of trademark. However, in case objections are raised, then the objections have to be overcome by submitting written response to the objections, to pursue registration.

We conduct research, draft arguments and submit the written response online to overcome objections from the trademark office.

Yes, we charge a fee to attend hearings with the Trademark Examiner to pursue registration.

Meeting the Trademark Examiner to pursue registration is called “Hearing”.

Initially, the Trademark Examiner will issue an examination report if the Examiner has objections to the registration of the trademark. The objections can be overcome by submitting written arguments.

In case the Examiner is not convinced despite the written arguments, then the Examiner can be met to address pending objections.

It should be noted that, most of the trademark applications generally do not go till the “Hearing” stage.

The Government fee is at actual and is charged at either INR 4500/- or INR 9000/- based on the type of applicant. The Govt. fee for individuals and sole proprietors is INR 4500/-. The Govt. fee for companies is INR 9000/-. However, a company who either obtains a startup certificate from DIPP or a MSMED certificate from Udyog Aadhar, is liable to pay a fee of INR 4500/- in Govt. fee.

The above fee is applicable for filing trademark application in one trademark class. There are several trademark classes, and each class covers a set of similar products/services. 

Yes, the cost of applying for trademark registration may increases if the trademark covers diverse set of products/services.

Note that, there are several trademark classes, and each class covers a set of similar products/services. In case the products/services covered by your trademark falls in different classes, and you wish to apply for registration in each of the classes, then the cost multiplies with each additional class.

Yes, there will be additional costs if the Trademark Office raises objections to the registration of a trademark. The additional cost relates to the written response that has to be submitted to overcome the objections.

Yes, there will be additional costs involved in meeting the Trademark Examiner to pursue registration. Meeting the Trademark Examiner to pursue registration is called “Hearing”.

Initially, the Trademark Examiner will issue an examination report if the Examiner has objections to the registration of the trademark. The objections can be overcome by submitting written arguments.

In case the Examiner is not convinced despite the written arguments, then the Examiner can be met to address pending objections.

It should be noted that, most of the trademark application generally do not go till the “Hearing” stage.  

Yes, there will be additional costs if a third-party raises objection to the registration of your trademark, and you still wish to pursue registration.

The costs involved will be estimated based on the complexity of the objections; and we always provide our services in an economical manner. It should be noted that, rarely such objections are raised.

To provide an overview of such objections, you may note that,once the Trademark Examiner is convinced that your trademark can be registered, your trademark is published on the Trademark Office’s website for 4 months. In these 4 months, third-party can raise objections to the registration of your trademark. In case objections are raised by a third-party, then those objections have to be overcome before your trademark is registered.

It takes anywhere between 8 to 12 months to get the trademark registered.

The trademark office generally takes 2 to 4 months to examine the trademark application.

After examination, your application is advertised on the trademark office’s website for 4 months if the trademark office does not have any objections, or once their objections have been overcome.

The trademark is registered after 4 months of advertisement.

The time for addressing the objections raised by the Trademark Office is one (01) month from the date the objections are conveyed to us.

The Trademark Office advertise a trademark application for 4 months before registration.

The application is advertised on the trademark office’s website.

The application is advertised once the trademark office is convinced that the trademark can be registered, based on their examination of the trademark application. 

Trademark registration is valid for 10 years, after which the registration can be renewed.  

Trademark registration is valid for a further period of 10 years, once registration is renewed. You have the option of keeping your trademark registration valid indefinitely by renewing the registration from time-to-time.

Yes, you may apply for trademark registration before you start using your trademark in business.

It is a very common practice to apply for trademark registration before the trademark is used in business. The Trademark Office is informed that the trademark is proposed to be used.

Yes, you may apply for trademark registration after you start using your trademark in business.

Considering the benefits of a registered trademark, it is advisable to apply for trademark registration as soon as possible. However, there is no deadline to apply for trademark registration.

Data on which the trademark was first used by you in business is informed to the Trademark Office while applying for trademark registration.

Yes, you may apply for trademark registrationbefore registering a domain name.

The Trademark Office does not consider domain name availability as a parameter to grant trademark registration.

However, from a practical view point, in most cases, getting a domain name (considering the domain name extension options) registered is easier than getting a trademark registered. Additionally, domain name registration may be cheaper and faster compared to trademark registration. Hence, domain name may be registered first, and thereafter trademark registration may be sought.

Yes, you may apply for trademark registration after registering a domain name.

Applying for trademark registration soon after registering a domain name may be the ideal. Registering the domain name alone, will not give your domain name the status of a registered trademark.

In case someone else applies for trademark registration on your domain name, even before you have your website up and running, then there is a possibility that you may have to transfer your domain name to that other person.

Even if your website is live, it is advisable to apply for trademark registration at the earliest to secure your domain name as a registered trademark. Such registration will help you combat copy-cat domain name registrants.

The Trademark Office will raise objections to the registration of your trademark, if it finds an identical or confusingly similar trademark, which is in the same line of business as yours.

E.g.: Identical trademarks - Objection likely

The Trademark Office may raise objection if you plan to register “MARKMYTRADE”, to sell “trademark services” under that trademark, while there is an earlier trademark, “MARKMYTRADE”, which also covers “trademark services”.

E.g.: Confusingly similar trademarks - Objection likely

The Trademark Office may raise objection if you plan to register “MARKMITRADE”, to sell “trademark services” under that trademark, while there is an earlier trademark, “MARKMYTRADE”, which also covers “trademark services”.

E.g.: Similar, but not confusingly similar trademarks - Objection unlikely

The Trademark Office may not raise objection if you plan to register “MARKSMANTRADE”, to sell “trademark services” under that trademark, while there is an earlier trademark, “MARKMYTRADE”, which also covers “trademark services”.

The Trademark Office should not raise objections to the registration of your trademark, if it finds an identical or confusingly similar trademark, which is in a different line of business compared to yours.

E.g.: Identical trademarks, but different line of business - Objection unlikely

The Trademark Office may not raise objection if you plan to register “MARKMYTRADE”, to sell “shoes” under that trademark, even though there is an earlier trademark, “MARKMYTRADE”, which covers “trademark services”.

Trademark Office will not search for trademark applications filed in foreign countries. The search is limited to trademark applications filed in India.

Hence, generally, you need not be concerned about trademark applications filed in foreign countries. 

Generally, the trademark office does not search for earlier trademarks that are only being used in India without registration or application for registration.

Hence, if you were to apply for registration of a trademark, which is being used in India by someone else, but not registered or registration applied for, then it is possible that you may get your trademark registered.

However, there is a possibility of your registration being cancelled later, if action is initiated by the earlier user of the trademark. 

Yes, the Trademark Office can object to registration of your trademark even if identical/similar trademarks do not exist.

The trademark office may raise objection if whole of your trademark only describes the products/services your trademark covers. In such cases, the trademark office may raise objections by stating that your trademark isonly a description of the products/services it covers.

It should be noted that, such objections may not be justified, or such objections can be overcome, if only in a part (not whole) of your trademark is descriptive of the products/services your trademark covers.

E.g.: Objection unlikely

You select “UNTU SHOES”, to sell “shoes” under the trademark. In this case, only a part (SHOES) of your trademark is descriptive of the product (shoes) your trademark covers.

E.g.: Objection likely

You select “TREKKING SHOES”, to sell “shoes that are used for trekking” under the trademark. In this case, whole of your trademark is descriptive of the product your trademark covers.

The trademark office will issue an examination report if it has objections to the registration of the trademark.

The examination report will list out the objection(s), and provide reasoning for raising the objections.

The objections will have to be overcome by responding to the examination report to pursue registration of the trademark.  

Once the Trademark Examiner is convinced that your trademark can be registered, your trademark is published on the Trademark Office’s website for 4 months. After 4 months of publishing your trademark, your trademark will be registered, and a registration certificate is issued online.

In these 4 months, third-party can raise objections to the registration of your trademark.

Although rarely such objections are raised, in case they are raised, then those objections must be overcome before your trademark is registered.

Yes, the Trademark Examiner can be met with prior appointment. Meeting the Trademark Examiner to pursue registration is called “Hearing”. Hearing is generally attended by your Trademark Consultant.

To give you an overview, the Trademark Examiner will issue an examination report if the examiner has objections to the registration of the trademark. The objections are generally overcome by submitting written arguments.

In case the examiner is not convinced despite the written arguments, then the Examiner can be met to address pending objections.

Most of the trademark application generally do not go till the “Hearing” stage.

We will have to consider the products/services covered by both the trademarks, in case your trademark is identical to someone else’s registered trademark.

You will not be able to get trademark registration, if products/services covered by both trademarks are the same or confusingly similar.

E.g.: Registration unlikely

You plan to register “MARKMYTRADE”, and sell “trademark services” under that trademark.

You are unlikely to get registration, since an earlier trademark, “MARKMYTRADE” exists, and covers “trademark services”.

On the other hand, you will be able to get trademark registration, if products/services covered by both trademarks are not similar, and even if they are similar, they should not be confusingly similar.

E.g.: Registration likely

You plan to register “MARKMYTRADE”, and sell “furniture” under the trademark.

You are likely to get registration, since an earlier trademark, “MARKMYTRADE” only covers “trademark services”, and not “furniture”.

We will have to consider the similarity between both the trademarks and also the similarity between products/services covered by both the trademarks.

Similarity between marks:

You may be able to get trademark registration although your trademark is similar to the other trademark, as long as it is not confusingly similar.

E.g. 1: Similar

MARKMYTRADE and MARKSMANTRADE

E.g. 1: Confusingly similar

MARKMYTRADE and MARKMITRADE

You may be able to get trademark registration, even if your trademark is confusingly similar to the other trademark, as long as the products/services covered by both the trademarks are not the same or confusingly similar.

E.g. 1: Registration unlikely

You plan to register “MARKMITRADE”, and sell “trademark services” under that trademark.

You are unlikely to get registration, since an earlier trademark, “MARKMYTRADE” exists, and covers “trademark services”.

E.g. 2: Registration likely

You plan to register “MARKMITRADE”, and sell “furniture” under the trademark.

You are likely to get registration, since an earlier trademark, “MARKMYTRADE” only covers “trademark services”, and not “furniture”.

You will be able to get trademark registration if your trademark covers products/services that are not the same or confusingly similar to the products/services covered by the other trademark.

E.g.: Registration likely

You plan to register “MARKMYTRADE”, and sell “furniture” under the trademark.

You are likely to get registration, since an earlier trademark, “MARKMYTRADE” only covers “trademark services”, and not “furniture”.

On the other hand, trademark registration is unlikely, if your trademark is identical or confusingly similar to other trademark, and the products/services covered by both the trademarks are the same or confusingly similar.

E.g.: Registration unlikely

You plan to register “MARKMITRADE”, and sell “trademark services” under that trademark.

You are unlikely to get registration, since an earlier trademark, “MARKMYTRADE” exists, and covers “trademark services”.

It should however be noted that, in practice, the Trademark Office generally only checks if there are trademark applications pending with them or registered trademarks, which are same or confusingly similar to your trademark. Hence, it may be possible that the Trademark Office may miss out on the earlier trademark for which application for trademark registration has not been filed. 

Yes, generally you can get trademark registration in India if an identical/similar trademark is being used in a foreign country, as long as the relevant consumer base in India is not aware of the foreign brand.

E.g.

A small restaurant may exist in some part of China called “UToo”, which the Indian consumers are not aware of. In a scenario like this, you can get trademark registration over “UToo”.

On the other hand, the foreign brand, although not being used in India, may still be well known to the Indian consumers. In such situations,even if trademark registration is granted, the registration may be cancelled if objections are raised by the foreign company.

E.g.

Assume Ferrari cars are not available in India, but it is a well-known brand in India.In such situations, even if you get a trademark registered in India, there is a very high likelihood that the registration may be cancelled later. 

You may get a trademark registered if only a part of your trademark is descriptive of the products/services the trademark covers.

E.g.: Registration likely

You plan to register “UNTU SHOES”, and sell “shoes” under the trademark.

In this case “UNTU” is a coined word, and “SHOES” is descriptive of the product (shoes) the trademark covers. Hence, only a part of your trademark is descriptive of the products/services the trademark covers.

However, if the whole of the trademark only describes the products/services the trademark covers, then registration is unlikely.

E.g.: Registration unlikely

You plan to register “TREKKING SHOES”, and sell “shoes that are used for trekking” under the trademark. In this case, the whole of the trademark only describes the product the trademark covers.

Yes, you may select a trademark that is identical/similar/confusingly similar to others’ trademarks who are in a different line of business.

E.g.: Allowable selection

You select “MARKMYTRADE”, to sell “shoes” under that trademark, while an earlier trademark, “MARKMYTRADE” exists, and covers “trademark services”.

However, it may be a bad idea to select a trademark that is identical/similar/confusingly similar to someone else’s “well-known” trademark.

E.g.: Bad selection

You select “TATA”, to sell “shoes” under that trademark.

You may select a trademark, wherein only in a part of your trademark is descriptive of the products/services the trademark covers.

E.g.: Good selection

You select “UNTU SHOES”, to sell “shoes” under the trademark.

However, it is not advisable to select a trademark, wherein the whole of the trademark only describes the products/services the trademark covers.

E.g.: Bad selection

Yes select “TREKKING SHOES”, to sell “shoes that are used for trekking” under the trademark. 

Yes, you may select a trademark that is only being used by someone else in a foreign country and unknown in India.

E.g.

A small restaurant may exist in some part of China called “UToo”, which the Indian consumers are not aware of. In a scenario like this, you may select “UToo” as your trademark for restaurant business.

It is not advisable to select a trademark that is only being used by someone else in a foreign country, but very well known in India.

E.g.: Bad selection

Assume Ferrari cars are not available in India, but it is a well-known brand in India. In such situations, choosing Ferrarias your trademark may be a bad selection.

Yes, you can get trademark registration over logo. You may get trademark registration over a “black and white” (greyscale) logo or a colour logo.

Trademark registration over “black and while” logo provides wider protection since it covers all possible colours.

E.g.: Blank-and-white logo

On the other hand, trademark registration over “colour” logo covers the logo in that colour or combination of colours.

E.g.: Colour logo

Yes, you can get trademark registration over a tagline/slogan. The protection on the registered tagline extends to different font types, font sizes, colours and styles of expression.

E.g.:

JUST DO IT

Yes, you can get trademark registration over a combination of word(s) with design(s). Such trademarks are generally called composite marks.A composite mark can be a “black-and-white” mark or a coloured mark.

Trademark registration over “black and while” composite mark provides wider protection, since it covers all possible colours.

E.g.: Blank-and-white composite mark

On the other hand, trademark registration over “colour” composite mark covers the composite mark in that colour or combination of colours.

E.g.: Colour composite mark

Yes, you can get trademark registration over variations of your trademark. Such trademarks are called associated marks. Separate trademark applications will have to filed for registering each variation of your trademark.

E.g.: Variation 1

E.g.: Variation 2

Yes, you may register your trademark in your company’s name. The company will be the owner of the trademark. The ownership of the trademark by the company can positively impact the valuation of the company.

Yes, you may change the ownership of the trademark registered in your name to your company’s name. Change of ownership is made by way of an assignment deed, which in most cases is a standard legal document. Changing the ownership is a fairly simple process.

Yes, you may licence a trademark registered in your name to your company. Licencing is different compared to changing of ownership. You would still be the owner of the trademark, even if you were to licence your trademark to your company.

The registration of trademark is valid for 10 years. The registration can be renewed thereafter. Each renewal makes the registration valid for the next 10 years.

Yes, it is advisable to register your domain name as a trademark.

In case someone else applies for trademark registration on your domain name, even before you have your website up and running, then there is a possibility that you may have to transfer your domain name to that other person.

Even if your website is live, it is advisable to apply for trademark registration at the earliest to secure your domain name as a registered trademark. Such registration will help you combat copy-cat domain name registrants as well.

Yes, it is possible for someone else to register your domain name as their trademark.

In case someone else applies for trademark registration on your domain name, even before you have your website up and running, then there is a possibility that you may have to transfer your domain name to that other person.

Yes, you can stop others from using your domain name as their trademark.

Once you register your domain name as your trademark, the task of stopping others form using your domain name as their trademark, becomes much simpler. 

Trademark registration can help you in situations where someone else registers an identical/confusingly similar domain name with a different domain name extension.

It shall be noted that, it may be difficult to completely stop someone else from registering an identical/confusingly similar domain name with a different domain name extension, since you may not even be aware of such registration.

However, once someone else has registered the domain name, it will be much easier to have the registration cancelled or transferred to your name if you have registered your domain name as your trademark.

Yes, it is advisable to register your business name as a trademark.

Registration of your business name as a trademark can help you stop others in similar field of business from using your company name as their trademark.

Yes, it is possible for someone else to register your business name as their trademark.

At times, someone else might register your company name as their trademark, and prevent you from using your company name as your trademark.

Therefore, by trademark registration of your company name, you can stop others in similar field of business from registering your company name as their trademark.

Yes, by registering your business name as your trademark, you can stop others from using your business name as their trademark.

In fact, you can stop others in the same or confusingly similar line of business from using, not just your company name, but also names that are confusingly similar to your company name.

Trademark registration can help you in situations where someone else registers a domain name that is identical or confusingly similar to your company name, may be with a different domain name extension.

It shall be noted that, it may be difficult to completely stop someone else from registering an identical/confusingly similar domain name, since you may not even be aware of such registration.

However, once someone else has registered the domain name, it will be much easier to have the registration cancelled or transferred to your name if you have registered your company name as your trademark.

No, trademark registration is not valid throughout the world.

Your Indian trademark registration is valid only in India. In case you want to register your trademark in other countries, then you will have to apply for trademark registration in those countries as well.

Generally, large companies with businesses in multiple countries apply for trademark registration in multiple countries.

Yes, you can stop others in the same line of business from using your registered trademark.

In fact, you can stop others in the same or confusingly similar line of business from using, not just your trademark, but also trademarks that are confusingly similar to your trademark.

No, generally you cannot stop others in a different line of business from using your registered trademark.

However, you may be able to stop others from using your registered trademark if their line of business is at least confusingly similar to your line of business.

You may also be able to stop others in a different line of business from using your registered trademark, if your trademark can be recognised as a “well-known” trademark. However, generally, “well-know” trademarks are very popular trademarks owned by very large companies.

Yes, you may be able to stop others from using a domain name that is confusingly similar to your registered trademark, if they are using the domain name in a line of business that is same as or confusingly similar to your business. 

Yes, your registered trademark can increase the value of your business.

Trademark is a very important part of your business. Without a trademark, your products and services will have no identity. It is trademark that links your product and services to you. Hence, carefully protecting that your trademark is extremely important.

Trademark registration provide you a robust legal framework to protect your trademark. The fact that you have the option to use the legal frameworkto protect your very identity, adds tremendous value to your business.