Trademark Registration
A Visual Symbol that differentiates a good or service from similar products is a Trademark. It can be a device, label, name, word, or any mark. Under the Indian laws, it is an asset for the proprietor and this should be protected by Trademark Registration.
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Key Features & Benefits
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Exclusive Rights
Trademark registration provides the proprietor the right to exclusive use of the mark in respect of the products or services covered by it. possibly the most necessary reason for registration of a trade mark is the powerful remedies against unauthorized use.
Hypothecation / Security
A very important reason for registration is to create the Trademark as a legally identifiable intangible. Trademark registration is a store of value or repository of value attributed to the reputation or goodwill enjoyed by the product.
Intangible Property
A very important reason for registration is to create the Trademark as a legally identifiable intangible. Trademark registration is a store of value or repository of value attributed to the reputation or goodwill enjoyed by the product.
The Value in The Market
A Trademark Standardizes the product and services provided by the business entity within the market. This builds up the worth of the whole specified it’s easy for a client or a possible customer to identify the company or brand in the market.
Assignment
A Registered Trademark can be transferred. the same isn’t possible for a common law trade mark, which can only be transferred with the business.
The Right to use the Symbol ® or “R” or word Registered
Once the Trademark got registered the symbol ® or “R” or word “Registered” can be used for the goods and services listed in the registration.
Process of Trust Registration
Easy registration, different schemes, and no future compliance’s
Search For Trademark
A trademark search for the same or similar marks can be performed online at the Trademark Portal. This step is helpful in determining whether the brand is available or not.
Application Filing
A trademark application is filed for the specification of goods or services for which use is intended or proposed. An appropriate mark class will be assigned prior to filing based on the applicant’s business activity.
Examination report
The trademark application is examined by the trademark office within two to four months from the date of filing and has the full right of opposition on absolute grounds (uniqueness, not likely to characterize a good or a service) or relative (similarity with already existing brand trademark). If no objection is raised, the brand will be directly prosecuted for advertising.
Response to Examination Report
If an examination report is issued by the trademark department then a reply must be file within a month from the receipt. If not filed then trademark would be rejected.
Advertisement
After examination, if the examiner is glad with the response then the application is allow to advertise within the trademarks journal.
Opposition
Once advertised, the trademark is open for opposition for a period of 4 months. In case no opposition is received within the time slot, the mark or logo eligible to final registration.
Registering the Trademark
If trademark application is not opposed within four months from the date of advertisement in the trademark journal then the application shall proceed to trademark registration. The trademark registry will issue a soft copy of trademark registration certificate. The mark is registered for a period of 10 years from the date of filing of the application
Documents Required For Trademark registration
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For Registration
- Logo or word proposed to be register
- Main object details to ascertain the class
- Id proof / address proof of the applicant
- In case of small enterprise and startup, MSME and startup certificate, respectively required.
FAQ's
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Trademark means that a mark that is capable of being significance clearly and providing individuality in goods or services of 1 person from those of others and will include form of goods, their packing and color combination. primarily it’s everything which classifies a brand to a common buyer.
Trademark registration isn’t compulsory. Though, while not registration no suit are often initiated for infringement of unregistered trademarks.
Registration of a trademark may be a long method and it takes around six to eight months to induce the registration complete in a very straight-forward case. Though, the trademark acknowledgement receipt having application range with assigned trademark class is usually issued inside one or 2 working days after filing.