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Tag: TM

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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TRADEMARK OBJECTION Vs OPPOSITION IN INDIA– EXPLAINED

February 7, 2014
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| Categories: Intellectual Property, Trademark

It is a common misconception among the general public that trademark registration just begins and ends with filling up a form (TM-1) and submitting it before the trademark office.  Contrastingly, a trademark application goes through several stages before it is finally registered, and in some cases, even after registration, revocation or cancellation proceedings are initiated by third parties under several grounds. In other countries, objection and opposition are used interchangeably.  However, in India, they denote different type of proceedings.  Objection is instituted by trademark examiner and opposition, by a third-party. What is objection? Objection is a preliminary refusal issued by the trademark examiner after examination of your application.  Some common grounds for objection are a) lack of distinctiveness (Section 9)...

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Incomplete Protection is No Protection– Are you conservative in trademark registration?

November 3, 2013
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| Categories: Intellectual Property, Trademark

I want 100% Protection in one application! – Are you trying to make a fortune out of me? Every trademark lawyer in his career would have faced these statements and questions a numerous times from his clients, “I do not want to spend too much on trademark registration” “Can’t I just protect my mark in one application?”, “Why do you want me to file separate applications?” A client’s state of mind is quite obvious here and perfectly understandable. When approached by our clients, we normally explain them all the legal options available to ensure complete protection. For example, for a food product (FMCG), we normally suggest that separate applications be filed for trade dress, word mark, etc. to get complete...

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How to avoid trademark objections in India?

June 15, 2013
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| Categories: Intellectual Property, Trademark

Trademark Objections Trademark objections are increasingly becoming common these days because of various reasons; one main important reason being lack of awareness among applicants and counsels who file applications.  Objections are raised by trademark examiners in the following circumstances: Trademarks that are not distinctive in character and not capable of distinguishing the goods or services of one person from those of another person, and consists of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services and consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices...

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What is next after trademark application? How to use trademark symbols in India?

May 8, 2013
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| Categories: Intellectual Property, Trademark

After much contemplation, you now have successfully filed your trademark application and next what?  Okay, it is time to show-off or cause notice to the public regarding the usage of that trademark.  Let us see how and why we should do so. Why and how to use trade mark symbols? The symbols ®, TM and SM provide notice to the world that you are claiming trademark rights in any mark using these symbols. You may use the TM on marks identifying goods, and the SM on marks identifying services as soon as you have filed the application and allotted with an unique TM application number. You need not have a registration to use the TM or SM symbols. However, the...

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Almost 30K TM applications pending before Trademark Registry, India

May 6, 2013
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| Categories: Intellectual Property, Trademark

As many as 30,221 applications are pending for issuance of trademark registration certificates due to shortage of manpower, Parliament was informed Monday. "Pendency in issuance of registration certificates for applications found fit for registration as on 30th April is 30,221. The main cause of the backlog in issuance of registration certificates is insufficient manpower due to vacant posts," Minister of State for Commerce and Industry, D Purandeswari said in a written reply to the Lok Sabha. She said that at present, 56 of the sanctioned 130 posts relating to Trade Mark Registry are lying vacant. The minister informed that the Office of the Controller General of Patents Designs and Trademarks has 11 offices in five cities. Of these, four are...

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