Registration of trademark provides a
company or an individual a complete ownership of the mark and protects it from
the misuse by any third person. It gives
legal right to take appropriate action against third party against an
infringement of trademark.
The symbol ® indicates that specific
trademark is registered by the owner.
The symbol ™ indicates trademarks for which a
registration application is filed.
But if any person uses these symbols to
deceive the market or by unregistered trademarks or in cases where no
application for registration is filed it can lead to serious offence.
Trademark registration has many benefits:
1. It will preserve a trademark for generations.
2. It gives the ability to establish a right
to the trademarked word, logo, and sound, graphic or even color combination.
3. It protects the “mark” by preventing
similar names from being registered by other businesses operating in the space.
4. It develops a unique identity that
associate the people with the specific brand.
Procedure for filing trademark in India is as follow:
1. Find the Trademark
The first step is the selection of a
trademark.
search the trademark records, registry and
ensures that the trademark does not resemble the registered mark.
It can be done online or through the
trademark office.
The applicant can consult an experienced
lawyer for an exhaustive search.
After thorough research, the application
for registration in the trademark can be made in the prescribed form.
2. Form TM-1
The
next step is the filling of form TM 1. The application
for trademark can be made both online and offline. However, for online
application, a Class III Digital Signature is required. For offline
application, application to the Offices of the Trademark Registry is required.
The
application for registration of trademark must contain the following
particulars:
•
“Mark”
•
Trademark owner’s information,
•
List of goods or services for which the
trademark will be used.
Once
the application is made, the Registrar will search for the uniqueness of name
and will check the registered marks and pending applications to ascertain
whether any such marks exists.
In
case of any objection by the registrar for acceptance of application or to
accept the application with certain term and conditions, amendments,
limitations, etc., the same is communicated in writing to the applicant and the
applicant has to revert back regarding their rectification within period of
three months.
3. Use of Trademark
Now the Mark can be use with ™. But to use
® symbol, it would take up to 2 years if everything goes smoothly.
4. Examination
Report
It takes atleast 3 to 6 months to complete. The process of
questioning the applicant claim to the trademark starts. First the government
will verify whether the application has any objections: if there is:
No Objection:
then a letter of acceptance will be issued commonly known as TLA.
An Objection: If
there is objection raised due
to following reasons:
•
If a
proposed trademark is similar / identical or copy of already registered
trademark.
•
If a
word use is unlawful and may hurt the sentiment of particular religion
/religions.
If a
government discarded the objection, the trademark will be eligible for
advertisement in trade Mark journal.
5. Advertisement in Trade Marks Journal
It took 3 to 6 months to complete this. It is Free, but legal
fees can be charged in case of opposition.
The
trademark will be advertised in trademark journal and It will give third party
and opportunity to oppose the published trademark.
The
entry of a trademark will entails the date of registration, list of goods or
services for which it is registered and other particulars.
The
trademark registration will be 10 years and can be further renewed.
If no
one opposes the particular trademark then in four month of its publication, a trademark
registration certificate will be issued within 6 to 10 months.
if there is any opposition by third party , the process of
obtaining certificate may extend to many more months .Both parties will get the
opportunity to be heard.
6. Trademark
Registration
Approximately average months of nine months
time period will be required to issue a trademark certificate after publication
of advertisement in Trademark Journal. The registered trademark is valid for a
period of 10 years and it can be renewable.
Author:
This blog is written by Ms. Chanchal
Sharma, a passionate blogger of Aapka Consultant.
How Aapka Consultant
can help you:-
- Get free expert consultancy from experts.
- We available every time to solving your legal queries.
- Get one stop solution for all legal compliances.
- Process application within 24 Hours.
- Trusted by Most Valuable Startups.
- We Understand Startup Budget & their needs.
- Get quality services at pocket price.
Apply Now to get Online Services of CA CS & Lawyers.
No comments:
Post a Comment