What Are The Common Challenges In Trademark Registration And How Can You Overcome Them?

Trademark registration helps businesses in safeguarding their original identity, logo, name, and symbols. The companies run in India under the Trade Marks Act 1999 of trademark registration which is regulated by the office of the Controller General of Patents, Designs, and TradeMarks, Ministry of Commerce and Industry. The businesses still have to go through certain obstacles to get their trademark registered even with a clear-cut legal framework.

Common Challenges in Trademark Registration and Overcoming It

Choosing the Right Trademark

The most significant initial step towards Trademark registration is selecting a mark that can be distinctive and legally protectable. However, businesses frequently face difficulties in selecting a mark that can be standout and satisfy its legality-compliance requirements.

Challenges:

• Non-Distinctiveness: A trademark must be unique to goods or services in the world. Descriptive or generic words usually fail in this aspect. It must also differ in terms of its special regard.
• Conflict with Existing Trademarks: The name proposed by a party is likely to conflict with existing trademarks, resulting in rejection. India has so many registered marks; by that, creating an original mark often becomes difficult.

How to Overcome:

• Comprehensive Trademark Search: Prior to deciding upon such a trademark, it is necessary to make a thorough investigation in the trademark registry to see whether there is a similar mark already in use. Such an exhaustive search reduces the chances of rejection and infringement in future. 
• Consultation: Consult with a Trademark Professional: Consulting a trademark attorney or consultant can help you identify distinctive marks that will meet the legal requirements. Such legal experts may also provide alternative names or logos that are less likely to be existing trademarks.

Lack of Knowledge of Trademark Laws and Procedures

Most businesses, particularly small and medium enterprises (SMEs), do not understand the intricacies which involve procedures of trademark registration. Businesses can unknowingly make mistakes and delay or sometimes deny their applications due to a lack of understanding.

Challenges:

• Misunderstanding of Trademark Classes: There is an international classification system in India, whereby a trademark is registered depending on the nature of goods and services under different classes. This means that registering multiple classes incorrectly, or even wrongly selecting one class can create problems.
• Documentation and Formalities: Trademark registration has a gamut of documents/forms submitted, and a small error can lead to rejection of an application.

How to Overcome:

• Educate, and Train: Trademark laws, classes, and procedures have to be learned by self-education for business. There are many online resources and workshops, which might help in understanding better and learning more about this whole process.
• Hire an Expert: Trademark attorneys and professionals have knowledge on the whole process and can handle all the technical aspects of trademark registration such as class selection and documentation.

Trademark Opposition

A trademark application is open to opposition four months after it is published in the Trade Marks Journal. During this period, any third party can file opposition against the trademark registration.

Challenges: 

• Third-party objections: Opposition to trademark registration is another hurdle. An opponent may be a competitor or any person who alleges that the trademark infringes the opponent’s intellectual property or is too similar to other marks owned by the opponent.
• Time Consuming: Trademark oppositions are dragged for years; this is how lengthy the opposition proceedings are, thus delaying the entire registration process.

How to Overcome: 

• Prompt Response: In the event of an opposition, it is important to respond within time to make it prompt. It would assist in averting delays and there is space to resolve the matters by negotiation or settlement. 
• Providing Adequate Legal Representation: A trademark lawyer could prevent most opposition proceedings from affecting a business’s operations. A legal expert will file counter-statements, act for the business during hearings, or discuss settlements when necessary. 
• Consider Pre-emptive Negotiation: It may sometimes make sense to conduct pre-case discussions regarding the matter: the idea is that the parties should negotiate together outside formal litigation before action is instituted. 

Trademark Registration Delays

The process of trademark registration in India usually takes a lot of time, as the application goes through several levels of scrutiny, exhibition, and opposition. Delays can make businesses mad since they earnestly wish to put their expected intellectual property rights into place.

Challenges:

• Backlog of Applications: India is suffering from a massive backlog of applications pending before its trademark registry. Most of the trademark examination and approval processes are slow because of this.
• Additional Requirements: The registrar may put objections requiring more details or clarification, which can take more time.

How to Overcome:

• Track Application Progress: The business should track status of its application on the official trademark portal regularly. In this way, action can be taken in case of objection or delay.
• Expedited Processing: When the trademark is critical to business, companies can get expedited processing. It will take an additional fee, but will reduce the time the trademark will take.
• Proper Documentation: All documents necessary for the applications must be properly submitted at the time of filing to lessen the chances that the applications will be rejected or delayed.

By understanding the law and undertaking good searches, losing expert advice, businesses are capable of getting through such hurdles. With rapid globalization and competition, trademark registration becomes more important as it protects the future of a reputation that the brand will ultimately acquire.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.