The consolidated
FDI policy of India 2012 by DIPP has brought
many
significant changes in foreign direct investment (FDI) regime of
India. Many companies would be investing in India to strengthen their
presence in India.
This would also necessitate protecting
their
intellectual
property rights in India. There are many law
firms that
are providing world class intellectual
property rights services in India.
At Perry4Law
and Perry4Law
Techno Legal Base (PTLB) we believe that besides
protection of intellectual property rights (IPRs), safeguarding
online
reputation management, online
brand protection, domain
name protection, etc are also required to be
considered
seriously.
These issues are also closely related
to trademark
registration in India. For instance, domain name protection in India
is still vindicated under the Indian Trademark Act, 1999. Similarly,
brands and online reputation are also related to Trademark in India.
There are certain documents
and formalities required for trademark registration in India.
If these documents are not filed properly or the formalities are not
duly fulfilled, the trademark application can be rejected. So it is
of utmost importance that a trademark application must be properly
filed by competent lawyers.
Every company that wishes to
commercially operate in
India must make its trademark policy and strategy very robust and
effective. Inadequate trademark protection can result in exploitation
of the same. Similarly, if a company uses the trademark of another
individual or company, it can be prosecuted in India.
Any person desiring to register a
trademark must
file an application in the prescribed manner and by paying the
requisite fee. The said application, after filing, is examined by the
Registrar utilising the database it manages. Depending upon the
Registrar’s observations, either the application is accepted or
Registrar’s objections are raised.
If the application is accepted, it
would be
published in the Trade Marks Journal and any person can oppose the
grant of registration by filing a notice of opposition within the
prescribed period. If an application is opposed, the rights of the
applicants and opponents are determined in accordance with the
provisions of the Trademark Act and/or the common law rights which
the parties may claim. Such determination is made by the Registrar
after following the due process of law, procedure and providing an
opportunity of being heard to the respective parties.
