Trademark Registration
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Trademark Registration
What is Trademark Registration?
A trademark is a visible depiction of a business's name, word, label, device, or numeric characters to distinguish its goods and services from other companies. A trademark serves as an exclusive identifier for the goods and services that a person is offering/selling, distinguishing them from similar goods/services provided by others.
Once registered, a trademark becomes an untouchable asset or intellectual property for a firm, protecting the company's investment in the brand or ideogram.
A trademark may be registered if it is unique about the goods or services being delivered. Tendered trademarks that are confusingly similar to or identical to an already registered trademark are ineligible for registration. Additionally, brands that are deceptive, generic, offensive, parallel, or feature solely protected insignia, among other characteristics, are not registerable.
The Controller General of Patents, Designs, Trademarks, Ministry of Commerce and Industry, Government of India, registers trademarks. In India, trademarks are registered under the Trademark Act, 2016, which allows the trademark owner to sue for damages when trademarks are violated.
A step-by-step guide to trademark registration
The procedure of registering a trademark entails filing the trademark registration application, having the trademark examined, publishing or advertising the trademark, responding to any opposition (objections) raised/found, registering the trademark, and renewing the brand every ten years.
While the procedure for registering a trademark is straightforward, it is recommended that you hire/receive assistance from an experienced trademark lawyer to expedite and ensure the registration process.
Step 1: Conduct a trademark search.
The applicant must exercise caution when selecting a trademark. Given the abundance of different types of trademarks accessible, once a trademark is chosen, it is critical to do a public search of the Trade Marks Registry's trademark database to ensure that the brand is unique and that no other trademark is similar or identical to it. The trademark search reveals all of the existing trademarks on the market, whether registered or unregistered. Additionally, the investigation indicates whether the applied brand faces competition for the same mark.
Step 2: Apply for a trademark.
The trademark application may be filed in a single or many classes, depending on the goods and services to which the business pertains.
The trademark registration application is Form TM-A, which can be filed electronically via the official IP India website or physically at the Trade Marks Office, depending on the trademark's jurisdiction.
Multiple documents with complete facts about the trademark for which registration is sought must accompany the application for trademark registration. Additionally, if the applicant asserts before using the brand, a user affidavit must be filed to support the usage, along with evidence of previous use.
Step 3: The government authority examines the trademark application.
Following the trademark application filing, the Examiner is required to issue an examination report following a thorough review of the trademark application by the Trade Marks Act, 2016.
The authority's examination report may or may not disclose some objections, which may be absolute, relative, or procedural in nature. The Trademark Authority issues this examination report within 30 days of receiving the registration application.
A reply to the examination report must be filed within 30 days of receiving it, outlining the arguments and facts supporting any objections to be waived.
Step 4: Conduct a post-examination
After the Examiner (Trademark Authority) receives the reply to the examination report, the Examiner (Trademark Authority) may schedule a hearing if the Examiner is not completely satisfied with the response or if the objections are not addressed. Following the hearing, the Examiner may accept the mark and submit the application to the journal for publication or reject the application if any objections remain.
Step 5: Trademark promotion
After the application for registration is accepted, the trademark is promoted and published in the Trade Marks Journal for four months. The publication and publicity are intended to encourage the general public to file an opposition to the mark's registration.
The Trade Marks Journal is published on the Registry's official website, updated weekly on Mondays.
Step 6: Public opposition
Following the advertisement and publication of the trademark in the journal, any aggrieved party may file a notice opposing the trademark's registration. This opposition must be filed on FormForm TM-O within four months of the trademark's publication in the Trademark Journal. Suppose the trademark application is opposed/ objected to. In that case, the proper legal process must be followed, which involves submitting a counter-statement application, proof, and a hearing, to register the trademark.
Step 7: Trademark registration
The final step in the procedure is registration, which occurs once the applicant overcomes any objections and opposition to the trademark registration.
If you are looking forward to get the Trademark registration done and not getting the best help, come to us at Legal Times, as we are having the services available for you.
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Documents Required
COMPANY DOCUMENTS
COI/MOA/AOA
AFFIDAVIT
The user affidavit is also required to be submitted.
PAN CARD
Copy of Pan card of applicant.
MSME/ START-UP RECOGNITION
A certificate of registration under MSME or Start-up India scheme.
FORM TM-48
Signed form TM-48
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