What exactly is Trademark Registration

 

A trademark can be defined as a mark such as logo or symbol, name or word employed by any person or business to identify its products or services as distinct from those made or sold by other companies. Thus, the purchaser must be able to distinguish the products or services of one company from those of others. Trademark registration is controlled by the regulations of the Trade Marks Act, 1999. Trademark registration is crucial because it is legally authorized by the government to grant the sole rights to the proprietor for the branding, selling, production and use of items and products.

Who are eligible in the process of Trademark Registration in India?

Any person , whether an business, owner, or any other legal entity which asserts that they are the owners of the trademark is eligible to submit a trademark application in India. The trademark application must be filed within a couple of days of granting registration, the trademark can be registered using the "TM" symbol. The required time for Trade Mark Registry to complete formalities ranges from four to six months.. The trademark can be used the trademarked symbol once the trademark has been registered as well as granted a registration certificate. When a trademark is registered, it is legal for 10 years after the date of registration, additionally, it may be renewed from time to expiry.

Benefits of tm registration

Step 1 - Application to register sent to the registrar.

The first step is that the applicant must conduct a thorough search in relation to Trademark. Although the name of the trademark is distinctive and unique but that doesn't necessarily mean that conducting a trademark search isn't necessary. Therefore, the applicant has to begin looking to conduct an investigation into the trademark. The process of conducting a search can ward off any type of unneeded lawsuit that could take up the time of the applicant. Therefore, it is essential to conduct a trademark registration research. Hence the applicant would have to go to the following website for the trademark registration process in India (http://www.ipindia.nic.in/)

Step 2: File in the Trade Marks Registry within the Territorial Limits

After you've found the name of your brand or logo to use to register the trademark you will need to think about filing your trademark application with the registry of trademarks within boundaries of the territorial scope of your work. The process is usually conducted online these days. However, the procedure could also be done offline. Thus, the process for trademark registration within India may be conducted offline or online. For the online process the following link has to be considered for trademark registration in India

Step 3 - Upon acceptance of the application, but prior to being registered, the Registrar upon having heard from the applicant, can revoke the acceptance

The next step in the trademark registration in India the registrar following listening to the applicant's request can revoke the decision to accept the application. Typically, this process will be completed prior to the trademark is registered.

Step 4 - Once accepted, an announcement for the applicant is done by the Registrar.

After the trademark application is approved by the Registrar an advertisement for the trademark is published in the publications of the trademark office. In this procedure the examiner will look over the application for any kind of irregularity. Typically, this process takes approximately 12 to 18 months. When the process is finished, the trademark examiner could decide to accept the application subject to conditions or reject the application, or oppose the application. Should the application for trademarks be approved by the examiner it would be submitted to advertisement in the relevant journal.

If, following the exam, the application is rejected or not approved with a set of conditions, the same is reported at the request of the candidate. After this, the applicant will be given a month's notice. given to the applicant to fulfill all conditions that are listed in the document of trademark exam. The applicant must meet the requirements mentioned in the examination report.

If the requirements meet the requirements of the person applying the logo or trademark will be published. The applicant is able to appeal against the trademark registration after the hearing, if the registry thinks that the trademark should appear in the publication, the trademark must be granted.

Step 5 - Other Parties may protest within 3 months of the publication

If the trademark or trademark is featured in the publication, it will be able to be challenged by any type of third-party. Typically, the timeframe allocated to oppose the trademark following publication is between 3 and four months. After the period of three or four months from publication, if there is no opposition, the trademark will be accepted to be registered. If within three months, any type of opposition is raised, the matter will be considered before the trademark registry to determine whether it is a good candidate for registration.

Step 6: The Registrar will accept amendments and corrections, if they are needed.

When the previous step is completed, the registrar will proceed with signing the trademark. This is a crucial step to the person applying for the procedure of obtaining an official trademark registration document.

7. The trademark owner receives a registration certificate and the stamp of registration of trademarks

Once the above procedure is completed, the application will then proceed to the process of trademark registration. The trademark registry will issue a seal from the trademark registry on the certificate of that the trademark has been registered. The seal is evidence of the official trademark registration for the specific brand or logo.

Step 8 - The Registration is granted

Once the applicant has received the registration certificate from the Registrar of trademarks the process of registration for the trademark will be granted to the person applying for. After the trademark is registered, it will remain in the hands of the applicant for an interval which is 10 years. This is called its validity. Trademark Application. Within 10 years of the application date, the trademark may be renewed.

So, based on the above procedure of trademark registration The Trademark is secured.

Documents required for Trademark Registration in India

• Particulars such as Name as well as the nationality & address of applicant.
• The incorporation certificate for the case of a company LLP.
• If you are a firm that qualifies for filing fees that are lower is to refer Udyog Aadhar Registration.
• A complete description of the products or services that are represented by the Trademark.
• The trademark application needs the trademark class (out of a total of 45 classes of trademarks) to be listed However, it is also possible to apply for a multiple-class (Class 99) trademark application.
• Power of Attorney form the format TM-48 Form (Form of Authorization for an Agent) must be completed by the person applying for it.

Different Trademark symbols

If you're filing a trademark registration online The following information can be the status of your brand.

• TM

  You can also add TM using your own logo if the application is in the process of approval. The TM mark is only available applicable to Products.

• SM

  You may add SM by submitting your own logo when the application is waiting for approval. SM marks are only available for Services.

• R

  You may add R along with the logo after your TM application is approved by the Registrar at the Trademark Registry.

Different types of Trademark Registration

The various kinds of Trademarks are listed below:

• Generic Mark

  A generic name for trademarks, which describes the qualities of the product, its characteristics, or the components of the product the business is selling.

• Descriptive Mark

  A descriptive mark indicates the characteristics of a service or product and is used to identify the product.

• Suggestive Mark

  A mark that is suggestive tells the story of the products or services. A mark that falls into this category is protected without the need for the use of a second meaning.

• Fanciful Mark

  A fanciful trademark is an expression, name or logo that is distinct from other trademarks in existence. This type of mark is the easiest to get trademark protection as it doesn't typically compete with other trademarks or end up being too generic.

Certification of Trademarks Validity

In accordance with Section 25(1) of Trade Marks Act, 1999 The period for registration that a trademark has is 10 years, following that, it is possible to renew from time to the date. The notice is served by the Registrar upon expiration of the registration of the trademark on the owner or proprietor. The trademark cannot be removed from the registry by the Registrar if a request is submitted on the prescribed form with the prescribed fee and surcharge within six months of the expiration date. The trademark is then renewed for the duration of the next 10 years.

Why should you choose Enterslice

• We provide our customers with assistance in solving business problems and ensure that they have a continuous and effective networking for your company.
• Enterslice assists in providing a variety of services related to registration of trademarks. Trademark application process.
• We respond immediately to all requests within a certain time and assist you to keep your the logo of your trademark.
• We file the application for trademark registration, and keep track of the status for our clients.
• Enterslice Enterslice can also assist our clients with compliance post incorporation services related to trademarks, copyrights, and patent registration.