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.