LEGAL ADVISORY NOTICE FOR TRADE MARK REGISTRATION

Manik Tindwani
Advocate
Rajasthan High Court, Jaipur
To,
Mr. Anand Dishaan,
Dishaan Pvt. Ltd,
768, Raigarh,
Haryana.

Date: 10 th May, 2021

Subject: Legal Advice on Registration of a Trademark

Dear Sir,
I verify that I were advised via way of means of to offer an recommendation with registration
of your Trademark and to the commands given to me on 5th May, 2021. Based at the facts
provided, I even have recognized numerous troubles that may want to be addressed in regard
of submitting your utility for the trademark. Please think about the subsequent facts and
recommendation in relation to this matter.

It was notified to me

1. that the client (Mr. Anand Dishaan) seeks to register the trademark of his business: TM
known as Solara Aqua, for faucets, hose, sanitary ware and cp bathroom fittings.
2. that Mr.. Anand Dishaan has sought advice on the process of registering the Trademark and any
other additional documents related to the needed registration.

In light of the facts stated I opine that;

1. All trademarks are registered in accordance with the Trademarks Act 1999 and there
are certain procedures that need to be followed to ensure successful registration of
trademark.

2. A trademark is a visual representation of a name, word, label, device or numeric

characters utilized by a business to differentiate its goods and/ or services from other

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 similar goods and/ or services deriving from a different business. A trademark works
as an exclusive identity of the goods and/ or services that a person is offering/ selling
from other such goods/ services.

3. A trademark once its registered is an untouchable asset or intellectual property for a

business which is used to safeguard the company's investment in the brand or
ideogram.

4. A trademark can get registered once it is peculiar for the goods and services that are
being provided. Tendered trademarks that are similar or identical to an already
existing registered trademark cannot get registered. Besides this, trademarks that are
deceptive, generic, offensive, similar, contains exclusively protected emblems, etc.
cannot be registered either.

5. In India, trademarks get registered by the Controller General of Patents Designs and
Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks
in India are registered under the Trademark Act, 2016 and authorises the trademark
owner with a right to sue for damages when contraventions of trademarks occur.

6. Following the registration of the trademark, ‘R’ symbol can be used by the owner and
the said trademark registration will be valid for a fixed period of 10 years. However,
the registered trademarks approaching their expiry can be easily renewed by applying
for a trademark renewal application for an extended period of another 10 years.

7. Benefits of a Trademark registration

The greatest benefit to having a registered trademark is to be able to safeguard one’s
brand as well as the business by instrumenting to the compassion of one’s business. In
addition to this, having a strong brand can act as a direct link between the customer and
the product by making sure they are reliable and associated to the business for a lasting
period of time.

8. There are many other benefits, for instance,

a. A trademark registration gives credits to the source of the good and service.

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b. A registered trademark guarantees quality good and service
c. A registered trademark assists in the advertisement of goods as well as services.

9. Significance of a Trademark registration

a. As it is clear from above how advantageous it is to register a trademark while running
a business, let us now understand the significance of the registration:
b. A TM provides exclusive identity
c. Ever since the market place has got crowded with more and more companies and
brands it has become close to impossible to differentiate among them. Therefore, the
only demarcation between companies for exclusivity to attract customers to be able to
stand out is by getting an exclusive trademark registered for one’s brand and
consequently build the business’s prestige over it.
d. A TM is never- ending: As mentioned above registration of trademarks come with a
validity of 10 long years which can further be renewed very easily after every 10 years
before expiry and therefore, a trademark can last as long as the business is alive or
even longer!
e. A TM works as a shield: For every entrepreneur it is fundamental to make sure that his/ her
brand is safeguarded against competition. Now, in case the trademark that the individual has
been working to build already has a registered trademark by someone else, then not only does
that individual loses business and goodwill in the market but also loses the privilege to prohibit
others from using the same trademark. Therefore, shielding the trademark shall safeguard the
trademark/ business, which further assists the individual by preventing others from using
similar trademark.
f. A TM is economical: The cost of a trademark registration is only a one- time cost.
Additionally, the time period and procedure of a trademark registration has also been
reduced satisfactorily. A trademark registration now takes about 6 months to 1 year to
process a trademark registration application.
g. Moreover, once the trademark gets registered, the same is valid for a time period of 10
years which can be easily renewed every 10 years before expiry of the trademark.
h. A TM is an asset: A registered trademark is an absolute asset for the business/ brand/
company which directly brings home goodwill. As a result, the desirability of a
trademark thrives with the growth of the business. In fact, a registered trademark can
be sold, transferred or purchased or even be utilized as a security to obtain a loan which
is similar to any of the other tangible assets.

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I am hereby listing Step by step procedure to register a trademark;
The process to get a trademark registered involves filing of the trademark registration
application, examination of the trademark, publication or advertisement of the trademark,
opposition (objections) if raised/ found, registration of the trademark and renewal of the
trademark after every 10 years.
The procedure to register a trademark is simple, however, it is recommended to employ/ get
assistance from an expert trademark lawyer for the registration procedure to make it easier
and dependable.
That you need to;
1. To search for a trademark: The applicant must be careful while choosing his/ her
trademark. Since, there are already tons of different types of trademarks available, once a
trademark is chosen, it is essential to carry out a public search on the trademarks database
which is available with the Trade Marks Registry to make sure that the trademark is
unique and that there is no other trademark which is either similar or identical to his/ her
trademark. The trademark search discloses all the types of trademarks that are already
available in the market, either registered or unregistered. The search further tells whether
the applied trademark has a competition for the same trademark.
2. To file the trademark application: The application for registration of the trademark can
either be filed in a single- class or a multi- class totally depending on the goods and
services the business pertains to. The registration application is Form TM- A which can
be either filed online through the official IP India website or physically at the Trade
Marks Office which depends on the jurisdiction of the trademark. The application for
trademark registration has to be supported with multiple documents with complete details
of the trademark for which the registration is sought. Moreover, in case the applicant is
claiming prior use in the trademark, then a user affidavit has to be filed supporting the
usage along with the evidence of its prior usage.

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3. Examination of the trademark application by the government authority: Post the filing of
the trademark application, a mandatory examination report is issued by the Examiner
after an extensive examination of the trademark application in consonance with the
guidelines of the Trade Marks Act, 2016. The examination report by the authority may or
may not disclose some objections which can be either, absolute, relative or procedural.
This examination report by the Trademark Authority is issued within a period of 30 days
of having filed the registration application. A reply to the examination report is required
to be filed within a period of 30 days after receiving the report asserting the arguments
and evidence against any objections to waive them off.
4. To do Post- examination: After the filing of the reply to the examination report, the
Examiner (Trademark Authority) may appoint a hearing if the Examiner is not entirely
satisfied by the reply filed or in case the objections are not met. After the said hearing, the
Examiner may accept the mark and subsequently forward the application for publication
in the journal or reject the said application if any objection still persists.
5. Advertisement of the trademark: Once the registration application has been accepted, the
said trademark is advertised and also published in the Trade Marks Journalfor a period of
4 months. The aim behind the publication and advertisement is to invite the general
public to filing an opposition against the registration of the mark. The Trade Marks
Journal is available on the official Registry’s website which gets updated every Monday
of the week.
6. Opposition from general public: Post the advertisement and publication of the trademark
in the journal, any aggrieved person can file a notice to oppose against the registration of
the advertised/ published trademark. This notice to oppose the trademark has to be filed
vide Form TM- O within 4 months of the mark’s publication in the Trademark Journal. In
case the applied for trademark is opposed/ objected, then the due process of law has to be
followed which includes filing the counter- statement application, evidence as well as
hearing in order to get the trademark registered.
7. Registration of the trademark: The final step towards the entire procedure is registration
where the application proceeds to registration after conquering the objection and/ or the
opposition against the said registration of trademark.

Besides this, in case there has been no objection against the registration of the trademark
during the advertisement/ publication period of 4 months, then the trademark is issued an

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auto- generated registration certificate within 1 week’s time. Once the registration complete,
it is valid for a period of 10 years after which it would be required to be renewed within a
prescribed time period.

I hereby also inform you that;

In India, trademarks can be registered in numerous types, for instance, logo, label, word mark
as well as device mark. As a result, the decision to register the trademark as a word mark or a
logo is a really difficult decision to make.

1. Word Mark
This easiest of the other available trademarks, a word mark indicates the name of the brand
for instance, Jio or Britannia has trademarked only the word, which is known as a word mark.
A word mark self- registers the word. After a trademark gets registered for a word mark, the
applicant has an absolute right to utilize and represent the word in any format or font which
allows it broader protection which includes exclusive rights to the word as a whole and
describe it in numerous formats irrespective of its style for all the goods and services
pertaining to the mark.

2. Logo
A logo on the contrary provides the trademark holder the rights in the combination of images,
words and design considered together. For instance, Nike, Adidas etc. Besides this, if the
business logo is undisputedly recognized by the viewers/ customers, the applicant would
want to file a trademark for that specific logo. The shield provided to the words in a logo
mark are restricted when compared with the standard word marks because the rights in a logo
are only legitimate as a whole. So if a person desires to register a distinct designed
appearance or a union of stylized words and design, registering a trademark as a logo would
be suitable.

3. Logo Composite Mark

Ordinarily a brand name of a business comprises both of words as well as logos for
instance Jack & Jones (a global apparel manufacturer) has an intricate logo composite mark,
which incorporates even the placement of its label on the rear of its jeans. And the finest way
to safeguard the intellectual property in such situations would be to file the trademark as both

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as a word mark as well as a logo. But because filing several trademark applications is a costly
phenomenon, it is always recommended to register the trademark as a word mark.
A distinct trademark application for word as well as logo must be filed to achieve the
comprehensive shield. But it may not be very cost- effective for start-up businesses.
Therefore, it is recommended to register the trademark as a word mark, providing the
applicant the next widest shield against any potential infringement.

I hereby enlist the documents that you would require for a trademark registration;
1. A trademark registration is a significant procedure via which a brand/ business can be
safeguarded from undesired use as well as infringement.

2. With time, the trademark registration procedure has been simplified by the Government
of India to empower entrepreneurs to comfortably procure trademark registration for their
brands within a couple of months. Below are the multiple documents required to obtain
registration of trademark in India.

[Note: In the course of the registration of the trademark application procedure, it is

not mandatory to submit original documents. Scanned copies of the original
documents suffice the requirement.]

3. Documents required in individual & sole proprietorship

Any person (applicant)- whether an Indian National or a Foreign National can very
conveniently register a trademark in India. Since there is no necessity to form a legal
entity or a business entity to get a trademark registered.

Besides this, the documents needed to get a trademark registered in the name of
a proprietorship are identical to that of an individual as under:

 Copy of the proposed logo, ideally in black and white (which is optional). However,
in case the logo is not provided, the trademark application can be filed for the word.
 Duly signed Form- 48. This form is an authorisation from the applicant to a
Trademark Attorney to file the trademark registration application on his/ her behalf.
 Copy of the identity proof of the individual applicant or the proprietor which may
include: passport, aadhar card, PAN card, etc.
 Copy of the address proof of the individual applicant or the proprietor which may

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 include latest electricity bill, phone bill, etc.

4. Documents required in partnership / LLP / company - Small Enterprises or Start-

ups
In India, the registration fee for trademarks ranges between Rs. 4500 to Rs. 9500. For
start-ups, small enterprises, individuals and proprietorships, the lower trademark
registration fee of Rs. 4500 is applicable and for all other business entities, the trademark
registration fee as set by the government is Rs. 9500. Now, to fall under the category of a
small enterprise, the individual applicant is required to have to provide the Udyog
Aadhar registration certificate. Also, in addition to the Udyog Aadhar registration, the
following mentioned details are required.

5. For Partnership / Company / LLP

In the event of a partnership firm or an LLP, the entrepreneur/ applicant is required to
submit the following documents:

 Scanned copy of the logo (optional)

 Duly signed Form- 48
 Udyog Aadhar Registration Certificate
 Partnership Deed or the Incorporation Certificate
 Copy of identity proof of signatory/ applicant
 Copy of address proof of signatory/ applicant

6. Documents required for other applicants in a trademark registration

All other applicants, including companies that do not have Udyog Aadhar registration
will have to submit the following documents to obtain trademark registration in India.

 Scanned copy of the logo (optional)

 Duly signed Form- 48
 Partnership Deed or the Incorporation Certificate
 Copy of identity proof of signatory/ applicant
 Copy of address proof of signatory/ applicant

That the initial trademark search was conducted using trademark class 11 (Apparatus for

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lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply
and sanitary purposes) to find any similar trademarks to the proposed trademark of the client
hence acting as competition with the same. The search brought forth the following results–

SOLAR AQUA
Proprietor: PUNEET SAXENA
Application Number: 4010392
Class/Classes: 11
Status: Objected
The intended trademark intended for us by the Client seems to have a very similar
counterpart which has resulted in an objection to the Trademark by the proprietor mentioned
above. Trademark application details following prescribed format of TM-A form for
registration of trademark which shall be filled with relevant information received from the
client.
FORM-TM-A is to be used for filing of the Trademark to the registry. Relevant information
received from client so far -
Name of proposed trademark - SOLARA AQUA
Name of company formulating such trademark - Dishaan pvt ltd
Class of proposed of trademark - 11
Business to be conducted under said trademark - Faucets, cp bathroom fittings, hoses and
sanitary ware.
Address: Dishaan Pvt. Ltd., Everest Heights, 4th Floor, 768 Raigarh, Haryana.

_______________

Manik Tindwani

(Advocate)

Power of Attorney

The required power of attorney Form-TM - 48 needs to be filled in by the Client so as to

authorise the firm to conduct all filings on behalf of the client. The prescribed format of TM-
48 format to be adhered to would be as follows:

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FORM TM 48 Agent Code No. 2496

TRADE MARKS ACT, 1999

Form of authorization of agent in a matter
or proceeding under the Act,
Sec.123, Rule 21.

GENERAL POWER OF ATTORNEY

I/We, Anand Dishaan having office at Dishaan Pvt. Ltd., Everest Heights, 4th Floor, 768
Raigarh, Haryana, do hereby authorize Mr/Mrs/Ms. Manik Tndwani as an advocate and/or
their duly authorized persons at Manik Tindwani and Associates. Landmark: A 30-, shubhash
marg Hanuman Ganj, Jobat, Dist- Aliirajpur, Madhya Pradesh, 457990, to act as my/our
agents for filing of new applications and necessary registrations of all my/our applications,
conduct oppositions, to maintain registrations in force and to attend to all post-registration
works connected with all my/our applications and registrations and we request that all notices,
requisitions and communications relating thereto may be sent to such agents at the above
address.
We hereby ratify all the acts done by the said agents so far in the above matter.
We hereby revoke all previous authorizations, if any in respect of the same matter or
proceeding.
All communications relating to this application may be sent to the following address in India:
Manik Tindwani
13/248, Kaveri Path, Mansarovar, Jaipur
Dist- Jiapur, Rajasthan, 302020
Dated at 10 th May, 2021.
_____________
Signature

To,
The Registrar of Trade Marks.

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