Trademarks refer to special symbols through which the goods and services of one undertaking are distinguished from others. Trademarks mentioned above may be any drawings, pictures, signs, or words that are important for brand identification and protection. These fall under the intellectual property rights bracket and are consequently protected against infringement under the Trademark Act 1999. Through this blog, we discuss processes across the Trademark Registration Process in India, its importance, procedure, and benefits.
The Trademark Act 1999 established The Trademark Registry in 1940. The following are the functions of the Trademark Registry:
Controls and regulates trademark law.
Examines applications for the procedure for registration of trademark.
Maintains the Register of Trademarks.
The main office is located in Mumbai, while there are also branch offices in Delhi, Ahmedabad, Chennai, and Kolkata.
Eligibility to Register Trademark
Any person, whether company or LLP, may apply for registration too. The title to Trademark Registration Process in India shall be with whoever is record as such in forms for registration.
Process to Get Trademark Registration – Step by Step
Selection of Brand Name
Select a unique and different sign you would like to use for your business organization. Indicate the kind of class your goods or services are going to fall into since there are 45 classes into which trademarks are divide — 34 for goods and 11 for services.
Searching the trademark registry before applying would be a good idea to find out whether the mark is already register. The same can done through an internet-base database maintained by Controller General Patents Designs And Trademarks or through legal firms offering services on searching along with related search reports.
Filing an Application
The application shall be made on form TM-A. More than one application in respect of each class or series for more than one class or series mark can be made in a single application. The filing fee varies depending on whether it is an individual applicant, a small enterprise start-up, etc.
Trademark Examination
The application is then formally examined by the Registrar of Trademarks to ensure registration of the same does not perpetuate any old laws and regulations. In case of defects, he may write to the applicant for correction.
Publication in Trademark Journal
When the examination by the opponent does not divulge any grounds for refusal, the mark gets published in the Indian Trademark Journal, following which any member of the public is invited to oppose it within four months.
Trademark Oppositions
Provided, that where the application is opposed, the applicant shall within two months from the notice issue a counter-statement of facts, and if he fails to do so the application shall be deemed abandoned. The time may be extended for a period not exceeding one month, as may be allowed by the Registrar.
On to this, where no opposition ensues or the opposition is decided in his favor, he is granted a certificate of registration by the Registrar by way of a document called a Trademark Registration Certificate.
Online Filing of Trademark Applications in India
Use a distinct brand name to croon for a unique brand name that uniquely is not in use. Form Filing: The applicant must get ready documents, which would necessarily include a proof of business registration and a soft copy of the mark that is applied for a signed power of attorney.
Forms may be filed online for prompt acknowledgment or may also be physiologically filed at the Office of the Registrar. Examination of Application: Examines by the registrar Applications to ascertain whether they comply.
Advertisement in Trademarks Journal: In order, for a certificate of registration to be issue; It will appear in the journal and allow the public to oppose it. Certificate of Registration: To the trademark, no opposition or no withdrawal of opposition the certificate is issue.
Online Application Status Check for Trademarks
You will be able to trace the progress of your trademark application using the application allotment number. The status regarding its approval or disapproval is to be processe in 18-24 months, subject to any issues that may arise during its examination process.
Procedures for Renewal of Your Registered Marks
Trademarks may be re-registered indefinitely upon the expiry of the respective ten-year term. Renewal periods are ten years in nature, thus conferring continued protection.
In the case of individuals: Rs. 4,500 for e-filing and Rs. 5,000 in the case of physical filing.
In the case of the company: Rs. 9,000 for e-filing and Rs. 10,000 in the case of physical filing.
Top Things to Know About the Indian Trademark Laws
Visible Sign: Trademarks include words, logos, shapes, and colors.
Intangible Assets: Trademarks are valuable parts of something termed as intellectual property.
Legal Protection: A register trademark is legally protect so that there is no scope for duplication or infringement.
Trademark Search: Mandatory provision to register to know the mark is unique.
Class Selection: Proper selection of the class comes under products or services.
Optional Registration: This will not be mandatory but provides legal benefits.
Duration: Ten years. Can be renewed.
Trademark Symbols: TM, when used for the applied but not registered mark, ®, when used for the registered mark.
Benefits of the Mark If Registered
Exclusivity to the Owner: Exclusive rights to a registered owner.
Unique Identity: It makes the product unique.
Brand Value Creation: It creates brand value.
Intangible Property: Trademarks are valuable assets.
Evaluation Business: Business value & evaluation of goodwill.
Worldwide Trademark Usage: Use in India and other international markets.
Business Growth: Customer holding & business growth.
International Regime on Protection & Enforcement: Madrid Protocol
With a single application, one can enroll for the registration under Madrid Protocol.
Application: File with the Indian Trademark Office.
WIPO Examination: The application shall be examine by the WIPO.
WIPO Publication: The application will be publish in the WIPO Gazette.
Designated Country Examination: The application shall be examine by the trademark office of the request country.
Advertisement and Application: Advertise in Indian Trademark Journal and can be oppose.
Conclusion
Trademark Registration Process in India has various business benefits. It will not only protect under the law against that which is acting against fair trade practices, hence giving more visibility to the brand before its target customers but also assures exclusive rights to that business or an entity which is using the mark. That makes the knowledge of the entire procedure—from choosing a unique brand name to obtaining the certificate of registration—very important for any business that intends to protect its identity and market its products or services with this most important finesse.
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