In this module, you will learn in-depth about the basics of Trademarks, the kinds of trademarks, distinctiveness, and the types of applications filed to protect the trademarks in India.

In this module, we will be reading about ‘Clearance Search’. When a distinctive Mark has been selected, a trademark clearance search should be carried out to check if the mark is available for filing or not.

The trademark search will help in identifying the marks already registered and avoid the likelihood of confusion for the consumer related to the origin of the goods and/or services.

In this module, we will be learning about the importance of the registration of Trademarks in India. We will also be looking at the concept of Passing off which can be used to enforce unregistered trademark rights.

90 Minutes of Practice-based Lecture and Doubt-Resolution

Module IV will teach you about the process of filing a trademark registration application. The module will help you learn about the required information while filing a Trademark application, the necessary documents, the classification of goods under Nice Classification, and why it is important to claim the use of a particular trademark.

Once the trademark application is filed, it may be rejected by the Registrar of Trademarks. A trademark application can be refused registration on either absolute or relative grounds as provided under Sections 9 and 11 respectively.

We shall also be learning about the acquired distinctiveness of a trademark and what are some of the prohibited trademarks under the Trademark Act, 1999.

Once the application is filed and when all formalities are in order, the TM application will be examined. Once examined, the Trademark Office will issue an examination report. The process of examination of a trademark and response to objections raised will be dealt with in this module.

In this module, we will learn about trademark opposition. Once the application is scrutinized by the Examiner and he is of the opinion that the trademark can be registered, the application is advertised in the Trademark Journal. It is advertised to call for opposition (if any) from the general public. 

90 Minutes of Practice-based Lecture and Doubt-Resolution

In this module, you will read more about what happens after a trademark application is advertised by the Trademark Office. This module will also deal with the renewal, restoration, and removal of a trademark. We shall also look into the assignment and licensing of the trademark.

In this module, we will be learning about the concept of “Well Known” Trademarks. This module will also give you an insight into the registration process of a well-known trademark, the advantages of a well-known trademark, and the prerequisites which are taken into consideration before a mark is declared as a well-known trademark.

In this module, we will learn about how different types of infringement of trademark take place and what legal remedies are available to the owner of the trademark. This module will also explain what are the defenses available in the infringement action and the rights of the prior user of the trademark.

In this module, we will read about registering a trademark with the Customs Department to prevent infringing imports. This module will also deal with trademarks as given under the Madrid Protocol.

90 Minutes of Practice-based Lecture and Doubt-Resolution

– Practical Module 1: Real-life demonstration of conducting a Trademark Search
– Practical Module 2: How to File a Trademark Application
– Practical Module 3: Other TM Application Forms
– Practical Module 4: Handling Oppositions and Objections

90 Minutes of Practice-based Lecture and Doubt-Resolution