Registration gives the proprietor exclusive ownership over the Trademark, it also gives the proprietor the right to bring infringement action against anyone who is using the mark without due authorization. If you have registration over the mark, proving ownership over the mark becomes easy.

No, registration is not necessary to use a Trademark.

<div class="bx-messenger-content-item bx-messenger-content-item-id-2216681 bx-messenger-content-item-2 " data-type="other" data-senderid="304" data-messagedate="Sat Mar 04 2023 17:07:06 GMT+0530 (India Standard Time)" data-messageid="2216681" data-blockmessageid="2216681"> <span class="bx-messenger-content-item-content"><span class="bx-messenger-content-item-text-center"><span class="bx-messenger-content-item-text-message"><span class="bx-messenger-content-item-text-wrap "><span id="im-message-2216681" class="bx-messenger-message">As per Nice Classification, different goods and services are categorized under different classes for Trademark, as such trademark applications are filed class-wise. So for each class for different goods/services, there will be a separate application.</span></span></span></span></span> <div id="im-message-keyboard-empty-2216681"></div> </div> <div class="bx-messenger-content-item bx-messenger-content-item-id-2216683 bx-messenger-content-item-2 " data-type="other" data-senderid="304" data-messagedate="Sat Mar 04 2023 17:07:20 GMT+0530 (India Standard Time)" data-messageid="2216683" data-blockmessageid="2216683"></div>

Before filing an application, it is important to classify the goods and services under which you are applying the Trademark. The classification is done under NICE classification in India. In the NICE classification, there are 45 classes, till Class 34 goods are covered and from 35-45 services are covered.

Once the application is filed the registration of the mark depends on various circumstances such as whether objection has been received or not from the registry, whether there is any third party opposition or not etc. if the opposition and objection is not there, then the registration procedure should be comparatively faster than the registration procedure when opposition and objection is there.

Yes, but it should be unique and it should be capable of distinguishing the goods and services of one from that of another.

Depends. After the objection phase is clear the registry publishes the mark in the Trademark Journal. During this period, anyone from the publican raise opposition against the mark stating that the mark is identical/similar to their own or some other mark. If this opposition phase occurs, then registration might get delayed, if there is no opposition from the public, then the mark will get registration.

Under the “Make in India initiative” the government has introduced certain special provisions for the betterment of start-ups such as, 50% discount on the official fees for filing and expediting the registration procedure. For filing, the fee is Rs. 5000/- (paper filing) and Rs. 4500/- (online filing) and expedite processing Rs 20,000/- (E-filing only).

If the objection phase is not clear, an appeal can be filed in the Intellectual Property Appellate Board (IPAB), then if you are not satisfied with the judgement of IPAB, the case can further go to High Court and later to Supreme Court.

Under the Trademarks Act, 1999 marks can be refused for registration under two grounds i.e. absolute and relative grounds for refusal. Under these various marks such as marks which are devoid of distinctiveness, marks which describe the quality, quantity, marks which have become customary and other marks which have been given under Sec.9 of the Trademarks Act,1999. Similarly Sec.11 of the Trademarks Act, 1999 describes relative grounds for refusal. Under this marks which are similar to already existing marks, and other marks described under the sec cannot be registered.

Yes.

Your trademark should be distinctive, should be capable of distinguishing the products and services of the owner from that of another, new, should not describe the goods and services with respect to which the mark is used etc.

For ten years the monopoly i.e. the exclusive right to use the mark is given to the trademark owner.

Yes, the registration over the mark can be renewed.