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Category: Trademark

Will CGPDTM India hike the trademark fee followed by USPTO?

November 16, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

Trademark Fee Adjustments in the U.S.: A 2025 Overview Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement a new trademark fee structure, introducing changes to ensure the financial sustainability of its operations while aligning fees with service costs. Below is a detailed breakdown of the changes in trademark fees. Key Fee Changes The new structure replaces some existing fees, introduces additional charges for certain application behaviors, and adjusts post-registration fees. The highlights are summarized in the table below: DescriptionCurrent FeeNew FeeChange ($)Percent Change (%)Trademark Application Filing FeesPaper Application (per class)$750$850$10013%Base Application (electronic, per class)N/A$350N/AN/AApplication via WIPO (per class)$500$600$10020%Surcharge FeesInsufficient Information (per class)N/A$100N/AN/AFree-form Text Entry (per class)N/A$200N/AN/AAdditional 1,000 Characters in Free-formN/A$200N/AN/APost-Registration Maintenance FeesSection 8 Declaration...

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Why your trademark could be refused?

November 8, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

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The Benefits of Trademark Protection on E-commerce Platforms like Amazon and Flipkart

October 30, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

In today's competitive e-commerce environment, platforms like Amazon and Flipkart have become essential avenues for businesses to reach a vast, global audience. These platforms provide immense growth potential, but they also bring the risk of counterfeiting, brand dilution, and unauthorized use of a company’s intellectual property. For businesses looking to build trust and stand out, obtaining trademark protection is essential. Here’s a look at the numerous benefits trademarks provide on major e-commerce platforms like Amazon and Flipkart. 1. Brand Protection Against Counterfeits One of the most significant benefits of having a registered trademark on e-commerce platforms is the added protection it provides against counterfeiting. Counterfeit products can seriously damage a brand's reputation, as customers may associate poor quality or inferior...

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Can descriptive trademarks be registered in India?

January 14, 2023
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| Categories: Trademark

Descriptive trademarks are those that describe the characteristics, qualities, or features of a product or service. In India, descriptive trademarks can be registered under the Trade Marks Act, 1999, but are subject to certain restrictions and conditions. One of the main restrictions for registering a descriptive trademark in India is that it must have acquired distinctiveness through use. This means that the trademark must have been used for a significant period of time and has become associated with a particular product or service, such that it can be distinguished from other similar trademarks. Another restriction is that descriptive trademarks cannot be registered if they are generic or commonly used terms. For example, words like "fresh" or "natural" that are commonly...

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How to do a Do-It-Yourself (DIY) trademark pre-clearance search in India

July 3, 2018
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| Categories: Intellectual Property, Trademark

India does not have a first-to-file system unlike China and a prior user of a trademark is in an advantageous position and gets rights over a trademark. Therefore, it is imperative that due diligence measures are taken before choosing a trademark.  A trademark clearance search entails ascertaining trademark-ability, similarity and/or conflicts with pending or registered marks that are phonically, visually or conceptually similar to a proposed mark. A well-done trademark clearance search is critically important and constitutes 65% of the whole trademark registration process. Since the trademark process takes about 6 to 12 months until it is finally registered, an applicant after obtaining clearance from a trademark search can proceed to use the brand name, logo or slogan in the...

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