Bihar Trademark FAQs (2026): Objections, Oppositions, Renewal & Infringement

What to Do After Receiving a Trademark Objection (Step-by-Step)

Receiving an objection from the Trademark Registrar is common — don’t panic! It doesn’t mean rejection. It simply means the examiner needs clarification or more evidence.

Here’s what to do:

1. Read the Examination Report Carefully
   Download it from https://ipindiaonline.gov.in.
   Check the grounds for objection — they may be based on similarity, descriptiveness, or incomplete details.

2. Identify the Reason for Objection

   • Section 9: The mark lacks distinctiveness or is descriptive.

   • Section 11: It conflicts with an existing registered or pending mark.

   • Procedural issues: Wrong class, unclear description, missing documents.

3. Draft a Strong Reply (Within 30 Days)
   Submit a legal reply addressing each objection point-by-point.
   Attach:

   • Proof of use (invoices, website, packaging, ads)

   • Legal arguments (distinctiveness, phonetic difference, case laws)

   • Clarified product/service descriptions

4. Wait for Examination Result

   • If accepted → your mark goes for publication in the journal.

   • If not → you’ll be called for a Show-Cause Hearing (virtual or at Kolkata office).

💡 Pro Tip:
Get your objection reply drafted by a trademark lawyer — it improves acceptance chances and avoids rejection due to incomplete arguments.

How Long Does Trademark Opposition Take in Bihar?

After your trademark is published in the Trademark Journal, there’s a 4-month opposition period where any third party can object.

Here’s the typical timeline:

⏱ Total Duration: 8–14 months (depending on case complexity)

If the Registrar rules in your favor — congratulations, your mark proceeds to registration!
If the opposition succeeds, you can appeal to the Intellectual Property Appellate Board (IPAB) or refile with modifications.

Can I Use the ® Symbol While My Application Is Pending?

No. You cannot legally use the ® (Registered Trademark) symbol until your trademark is officially registered.

Here’s what you can use instead:

⚠️ Legal Warning:
Using the ® symbol before registration is an offence under Section 107 of the Trade Marks Act, 1999, and can attract penalties.

💡 Tip:
Continue using ™ or ℠ during the application process — it signals to others that your mark is protected and under registration.

Renewal Window & Late Restoration (2026 Update)

A registered trademark is valid for 10 years from the filing date — not from the registration date.

Renewal Process:

• Renewal can be filed any time within 12 months before expiry.

• File Form TM-R online.

• Government fee:

  • ₹9,000 (per class for online filing)

  • ₹10,000 (per class for physical filing)

Late Renewal / Restoration:

If you miss the renewal deadline:

• You get a 6-month grace period to file for restoration (with a ₹3,000 penalty).

• If not renewed even then, your trademark will be removed from the register.

💡 Reminder:
Always renew on time to avoid losing your exclusive rights — restoration is costlier and riskier.

Changing Ownership: Assignment & Licensing Basics

If you sell your business or transfer ownership, your trademark can also be transferred legally through assignment or licensing.

1. Assignment

Transfer of full ownership rights from one person/company to another.
Requires filing Form TM-P with:

• Assignment deed

• Power of Attorney

• Applicable fee (₹5,000)

2. Licensing

Allows another person/company to use your trademark under certain terms (without transferring ownership).
Useful for franchises or collaborations.

💡 Example:
A Patna bakery “SweetNest™” can license its brand to a Hajipur branch while maintaining full ownership of the trademark.

What Counts as Trademark Infringement in Bihar?

Once registered, your trademark gets nationwide legal protection under the Trade Marks Act, 1999.

You Can File an Infringement Case If:

• Someone uses a similar or identical name/logo for similar goods/services

• Their use creates confusion among customers

• They use your mark in domain names, ads, or packaging

Legal Remedies for Infringement:

1. Cease & Desist Notice:
   First, send a legal warning through your lawyer asking them to stop.

2. Civil Remedies:
   File a civil suit for:

   • Injunction (to stop use immediately)

   • Monetary damages

   • Seizure of counterfeit goods

3. Criminal Remedies:
   For deliberate counterfeiting, file an FIR under Sections 103–105 of the Trademark Act.
   Offenders can face fines and imprisonment.

📍 Jurisdiction:
Trademark cases from Bihar fall under the Kolkata IP Office, and cases can be filed in Patna High Court or District Civil Courts.

™ / ℠ / ® — What’s Legal & Advisable in India (2026)

💡 Pro Tip:
Continue using ™ even after registration — it adds psychological value and reinforces brand authority.

Summary: Quick Trademark FAQ Recap (Bihar, 2026)

How Bihar Advocates Club Can Help

At Bihar Advocates Club, we simplify trademark management for startups, MSMEs, and established businesses across Bihar.

Our experienced lawyers handle:

• Objection replies & show-cause hearings

• Opposition cases & settlements

• Trademark renewal & restoration

• Assignment, licensing, and infringement cases

✅ Fast filing and objection response
✅ Transparent, affordable pricing
✅ Legal support through every stage — from ™ to ®

📍 Office: Near Patna High Court, Bihar
📞 Call: +91-7783060749
📧 Email: info@biharadvocatesclub.in

Protect. Renew. Enforce.
Bihar Advocates Club — your trusted partner for Trademark Legal Services in Patna and Bihar.