Publish your application in the trade marks journal, providing there are no objections (2 months). If your application is not opposed, your mark will be registered 2 weeks later. The IPO will: Register your trade mark around 3 months after you apply, if it has not been objected to or opposed.
To determine if the name is on file with the trademark registry, visit the Indian government's trademark registry or perform an IP India Public Search. These databases often provide insights into whether another company has filed for protection of their brand name in a manner that could affect your use of yours.
Registering a domain name and company name through Companies House is crucial. However, these do not prevent anyone else from using your business name. A registered trade mark will prevent anyone else from using your company name. It will also prevent anyone else from registering a trademark for your business name.
The application process You must send details of your trade mark and the goods or services you want to use your trade mark on to the Intellectual Property Office ( IPO ). You can send your application online or by post. The IPO will: check that your trade mark is not the same as, or similar to, any existing trade marks.
If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.
The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”