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Trademarks

How Does a Trademark Watch Work in India?

In this article, we are going to tell you about the new features of the Trademark Watch and what it means for you as a brand owner or a user. Let us see what is steering the way by rebooting trademark watch in India.

Introduction

A trademark is anything that helps you differentiate your brand from others. A trademark is a business’s intangible asset. Many businesses have begun to recognize the value of brand protection. Brand dilution results in a significant loss of revenue and goodwill for the business. As a result, trademark registration has become critical for brand protection. However, simply registering a trademark is insufficient. How Does a Trademark Watch Work in India

Simply registering a trademark does not protect it from infringement. As a result, the brand owner must keep a close eye on the registration of identical or similar marks. Due to widespread brand imitation, caution is the key to protecting your IP portfolio.

Before you begin the registration process, you can use Vakilsearch’s free trademark search tool to verify whether the trademark you want is available.

The Trademark Registry posts an 8000-page trademark journal with approved marks on the Intellectual Property Office’s website (IPO) every week. The opposition should be filed within 120 days if the ‘Approved mark’ is ‘identical’ or ‘deceptively similar to the earlier trademark in any form.

Digital Trademark Monitoring‘ is the process of analyzing the ‘Trademark Journal’ every week in order to detect any conflicting marks with deceptive similarities.

 Laborious Task

A trademark watch is necessary for protecting a company’s brand from potential infringement. There is no other choice but to scan the journal for possible infringements.

Consider how time-consuming this task will be if it is required to complete it for all 45 classes in the journal. Every week, manually searching an 8000-page journal for different combinations and permutations of marks is excruciating. Calculating the cost of man-hours this inefficient activity has a long-term impact on client service.

Moreover, online trademark monitoring is critical for law firms because it is a direct source of revenue. Any opportunity to notify a client about similar marks that are missed is poor customer service and a potential revenue loss.

AI-powered Trademark Watch

These days, advanced algorithms have replaced the time-consuming manual process. Advanced technology watches can identify identical and deceptive similar marks using cutting-edge technology. Then it arranges all potential infringements in descending order so you can see the most likely opponents first. The trademark journal is also analysed across 45 classes. Within a few hours of the trademark journal’s publication, AI generates a report. Users become aware of the potential threat to their trademark as a result of this. Currently, a lawyer must create such a report by hand, which can take hours or days. Users can generate accurate and precise reports in a fraction of the time.

Dashboard

The trademark journal is accessible via a cloud-based dashboard 24 hours a day, seven days a week. The cloud-based trademark dashboard allows users to customize and filter their analysis anytime and from anywhere.

Customization

Various algorithms are developed to meet the user’s requirements. Furthermore, users can inform the system of the relevant classes to monitor and the key elements of the mark to examine in order to ensure that the results meet their expectations. The dashboard allows the user to customize the analysis to meet their specific needs. Users can also use multiple filters to narrow down the results, such as class, trademark type, date of use, and infringement type. This report can be shared with their clients in a matter of seconds.

Boon of early detection

Timely action against conflicting trademarks can be taken by quickly detecting a conflicting trademark with precision and accuracy. Within 120 days of the trademark journal’s publication, owners can enforce their legal rights against the competing marks. As a result, third parties will not be able to taint their brand.

Trademark Registration Process

Trademark registration is not a one-time process; it requires periodic renewal to maintain its validity. Ensure that you renew your trademark as per the specified renewal period to retain its protection.

Protecting your brand through trademark registration is a strategic investment that can yield significant long-term benefits. Remember, enlisting the assistance of a lawyer can provide expert guidance throughout the process and minimize potential risks.

Let us now dive into the step-by-step guide on how to register a trademark and secure your business’s unique identity.

  1. Trademark Identification

The first step in the trademark registration process is identifying the unique elements that represent your brand. This includes logos, names, phrases, or symbols that distinguish your products or services from others in the market. Choose distinctive and memorable elements that resonate with your target audience.

  1. Identification of Jurisdictions

Decide on the geographical areas where you want to protect your trademark. Trademarks are territorial rights, so you need to specify the countries or regions where you intend to use and defend your brand identity.

  1. Identification of Classes

Trademark registration is categorized into different classes based on the nature of products or services. Identify the appropriate classes that represent the goods or services associated with your brand. It is essential to select the relevant classes to ensure comprehensive protection.

  1. Trademark Search

Before proceeding with the registration, conduct a thorough trademark search. This step is crucial to ensure that your chosen trademark is not already in use or similar to existing trademarks. A comprehensive search helps avoid potential conflicts and rejection during the registration process.

  1. Application for Search

Submit your trademark application for a search with the relevant intellectual property office. The search will determine if there are any conflicting marks already registered or pending. Based on the search results, you can assess the viability of your chosen trademark.

  1. Examination

After the search, the intellectual property office examines your application for compliance with the legal requirements and potential conflicts with existing trademarks. This examination helps ensure that your trademark meets all the necessary criteria for registration.

  1. Opposition Period

Once your trademark application passes the examination stage, it will be published in the trademark journal. There is a specific period during which third parties can oppose your trademark registration if they believe it infringes on their rights. If no oppositions are filed, your application will proceed towards registration.

  1. Granting

If your trademark application successfully completes all the stages, it will be registered. You will receive a certificate confirming your trademark’s registration, providing you with exclusive rights to use the mark within the specified jurisdictions and classes.

  1. Internationalization

If you intend to expand your business internationally, consider registering your trademark under the Madrid Protocol. This international system allows you to protect your trademark in multiple countries through a single application.

  1. Trademark Watch

After registration, it is essential to monitor your trademark for potential infringements. Engage in regular trademark watch services to identify any unauthorized use of your mark and take prompt action to protect your rights.

  1. Renewal

Trademark registration is not a one-time process; it requires periodic renewal to maintain its validity. Ensure that you renew your trademark as per the specified renewal period to retain its protection.

By carefully following the registration process and conducting thorough searches, you can secure exclusive rights to your unique brand elements. Don’t forget to monitor your trademark regularly and renew it timely to ensure ongoing protection.

FAQs:

What is the process time for trademark?

The processing time for trademark registration can vary, but it typically takes around 12 to 24 months. For a hassle-free trademark application, you can get expert assistance from Vakilsearch.

What is the profit margin for a watch?

The profit margin for a watch can vary depending on factors such as the selling price and manufacturing costs. According to, the profit margin for a watch business selling watches for can be approximately 40%.

Which brand is known as trademark?

A trademark is a symbol, word, or words legally registered or established by use as representing a company or product. Many brands have trademarks associated with them. If there is a specific brand you are curious about, get in touch with our experts for more information.

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