Complete procedure for Trademark Registration in India

A hallmark is a ocular representation of a name, word, label, device or numeric characters utilized by a occupation to differentiate its goods and/ or services from early similar goods and/ or services deriving from a different business. A brand works as an exclusive identity of the goods and/ or services that a person is offering/ selling from early such goods/ services. A hallmark, once registered, is an untouchable asset or intellectual property for a business and is used to safeguard the company ‘s investing in the brand or ideogram. A trademark are registered once it is distinct for the goods and services that are being provided. Tendered trademarks that are exchangeable or identical to an already existing registered trademark can not get registration. Besides this, trademarks that are deceptive, generic, offensive, like, contains entirely protected emblems, etc. can not be registered either.

In India, trademarks are 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 it authorises the brand owner the correctly to sue for damages when contraventions of trademarks occur. Following the registration of the hallmark, the symbol can be used by the owner and the said hallmark adjustment will be valid for a situate period of 10 years. however, the cross-file trademarks approaching their termination can easily be renewed by applying for a hallmark reclamation application for an gallop menstruation of another 10 years .

Benefits of a Trademark registration

The greatest benefit to having a read trademark is to be able to safeguard one ’ south brand deoxyadenosine monophosphate well as the business by instrumenting to the compassion of one ’ second business. In addition to this, having a strong trade name can act as a direct liaison between the customer and the product by making sure they are reliable and associated to the occupation for a survive period of time. There are many other benefits, for instance,

  • A trademark registration gives credibility to the source of the good and service.
  • A registered trademark guarantees quality good and service
  • A registered trademark assists in the advertisement of goods as well as services.

Significance of a Trademark registration

As it is acquit from above how advantageous it is to register a trademark while running a business, let us now understand the meaning of the registration :

A TM provides exclusive identity

ever since the market place has got crowded with numerous companies and brands, it has become cheeseparing to impossible to differentiate among them. consequently, the entirely limit between companies for exclusivity to attract customers to be able to stand out is by getting an exclusive trademark registered for one ’ south brand and consequently build the clientele ’ prestige over it .

A TM is never- ending

As mentioned above, registration of trademarks come with a robustness of 10 hanker years, which can far be renewed identical easily after every 10 years before exhalation and therefore, a trademark can last deoxyadenosine monophosphate long as the commercial enterprise is animated or even longer !

A TM works as a shield

For every entrepreneur, it is fundamental to make certain that his/ her brand is safeguarded against competition. now, in sheath the trademark that the individual has been working to build already has a registered trademark by person else, then not lone does that individual lose business and good will in the market but besides loses the privilege to prohibit others from using the like brand. consequently, shielding the trademark shall safeguard the trademark/ business, which further assists the individual by preventing others from using similar trademark .

A TM is economical

The price of a trademark registration is alone a one- time cost. additionally, the time time period and procedure of a trademark registration has besides been reduced satisfactorily. A trademark registration now takes about 6 months to 1 year to process.. furthermore, once the brand is registered, the lapp is valid for a meter period of 10 years which can be easily renewed every 10 years before termination of the trademark .

A TM is an asset

A register brand is an absolute asset for the business/ brand/ company which immediately brings dwelling grace. As a resultant role, the desirability of a hallmark 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 alike to any of the other tangible assets .

Step by step procedure to register a trademark

The process to get a brand registered involves charge of the trademark registration application, examination of the hallmark, publication or ad of the trademark, confrontation ( objections ) if raised/ found, registration of the trademark and refilling of the hallmark after every 10 years.

The operation to register a trademark is simple, however, it is recommended to employ/ get aid from an technical brand lawyer for the registration procedure to make it easier and dependable .

Step 1: To search for a trademark 

The applicant must be careful while choosing his/ her hallmark. Since there are already tons of different types of trademarks available, once a hallmark is chosen, it is necessity to carry out a public search on the trademarks database which is available with the Trade Marks Registry, to ensure that the trademark is singular and that there is no early hallmark which is either like or identical to his/ her brand.

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 rival for the same brand .

Step 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, wholly depending on the goods and services the business pertains to. The registration lotion form is Form TM- A, which can be either filed on-line through the official IP India web site or physically at the Trade Marks Office depending on the jurisdiction of the brand.

The lotion for trademark adjustment has to be supported with multiple documents, furnishing complete details of the brand for which the adjustment is sought. furthermore, in case the applicant is claiming anterior use in the trademark, then a drug user affidavit has to be filed, supporting the usage along with the evidence of its anterior usage .

Step 3: Examination of the trademark application by the government authority

Post the file of the hallmark lotion, a mandate examination report card 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 examen report card by the assurance may or may not disclose some objections which can either beabsolute, relative or adjective. This examination composition by the Trademark Authority is issued within a period of 30 days of having filed the registration application. A answer 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.

Step 4: Post- examination          

After the charge of the reply to the examen report, the Examiner ( Trademark Authority ) may appoint a hearing if the Examiner is not entirely satisfied by the reply filed, or in lawsuit the objections are not met. After the said listening, the Examiner may accept the grade and subsequently advancing the application for publication in the journal, or reject the said application if any expostulation still persists .

Step 5: Advertisement of the trademark        

once the registration application has been accepted, the said brand is advertised and besides published in the Trade Marks Journal for a period of 4 months. The aim behind the publication and ad is to invite the general public to file an confrontation against the adjustment of the scar. The Trade Marks Journal is available on the official Registry web site, which gets updated every Monday of the week .

Step 6: Opposition from the general public

Post the ad and issue of the hallmark in the diary, any grieve person can file a notification to oppose against the adjustment of the advertised/ published trademark. This notice to oppose the hallmark has to be filed vide Form TM- O within 4 months of the mark ’ sulfur publication in the Trademark Journal. In casing the applied for trademark is opposed/ objected, then the due process of law has to be followed, which includes filing the counter- argument application, attest a good as hearing in arrange to get the trademark registered .

Step 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 adjustment of hallmark. Besides this, in case there has been no objection against the registration of the hallmark during the advertisement/ publication period of 4 months, then the trademark is issued an auto- beget registration security within 1 week. Once the registration is accomplished, it is valid for a menstruation of 10 years, after which it would be required to be renewed within a official time period .

What are the different types of trademark units in India?

In India, trademarks can be registered in numerous types, for exemplify, logo, label, word grade equally well as device commemorate. As a result, the decision to register the brand as a bible mark or a logo is a difficult decision to make .

Word Mark

This easiest of the other available trademarks, a discussion scratch indicates the name of the brand, for exemplify, Jio or Britannia has trademarked lone the news, which is known as a discussion grade. A discussion mark self- registers the word. After a trademark gets registered as a parole grade, the applicant has an absolute right to utilize and represent the word in any format or font which allows it broader protective covering, including exclusive rights to the discussion as a whole and describe it in numerous formats, regardless of its dash, for all the goods and services pertaining to the marker .

Logo

A logo, on the reverse, provides the trademark holder the rights in the combination of images, words and designs considered in concert. For example, Nike, Adidas etc. Besides this, if the business logo is unarguably recognized by the viewers/ customers, the applicant would want to file a hallmark for that specific logo.

The shield provided to the words in a logo punctuate are restricted when compared with the standard bible 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 stylize words and design, registering a hallmark as a logo would be suitable .

Logo Composite Mark

normally, a brand appoint of a business comprises both of words angstrom well as logos. For example, Jack & Jones ( a ball-shaped dress manufacturer ) has an intricate logo composite mark, which incorporates even the placement of its label on the rise of its jeans.The finest way to safeguard the intellectual property in such situations would be to file the brand as a word score adenine good as a logo. But, because filing respective trademark applications is a dearly-won phenomenon, it is constantly recommended to register the trademark as a word mark.

A discrete brand application for word angstrom well as logo must be filed to achieve the comprehensive examination harbor. however, it may not be identical cost- effective for start-up businesses. consequently, it is recommended to register the trademark as a give voice set, providing the applicant the following best shield against any potential violation .

Documents required for a trademark registration

A brand registration is a significant procedure via which a brand/ business can safeguard itself from undesired use equally well as misdemeanor. With time, the hallmark adjustment routine 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 brand in India. Note: In the course of the registration of the hallmark application procedure, it is not compulsory to submit original documents. scan copies of the master documents suffice the prerequisite .

Documents required in individual & sole proprietorship

Any person ( applicant ) – whether an amerind National or a Foreign National, can identical handily register a trademark in India. Thereis no necessity for a legal entity or a business entity to get a trademark registered. Besides this, the documents needed to get a hallmark 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, aadhaar card, PAN card, etc.
  • Copy of the address proof of the individual applicant or the proprietor which may include latest electricity bill, phone bill, etc.

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 hallmark registration tip of Rs. 4500 is applicable and for all other business entities, the brand registration tip as set by the government is Rs. 9500.

immediately, to fall under the class of a little enterprise, the individual applicant is required to provide the Udyog Aadhaar registration security. besides, in addition to the Udyog Aadhaar registration, the following mentioned details are required .

Partnership / Company / LLP

In the consequence of a partnership fast or an LLP, the entrepreneur/ applicant is required to submit the follow documents :

  • Scanned copy of the logo (optional)
  • Duly signed Form- 48
  • Udyog Aadhaar Registration Certificate
  • Partnership Deed or the Incorporation Certificate
  • Copy of identity proof of signatory/ applicant
  • Copy of address proof of signatory/ applicant

Documents required for other applicants in a trademark registration

All other applicants, including companies that do not have Udyog Aadhaar registration, will have to submit the adopt documents to obtain hallmark 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
informant : https://www.peterswar.net
Category : Finance

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