Trademark Registration
Trademark Registration permits the applicant or the owner to use the logo, words, names, or symbols to represent the products or services of a particular company and differentiate the products or services that are provided by them from the competitors. Trademark Registration is an intangible asset for the company to safeguard the brand name, and it is vital to apply for Trademark Registration in India.
Trademark Registration
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Presentation Transcript
8929096328 TRADEMARK REGISTRATION
TRADEMARK REGISTRATION - AN OVERVIEW A Trademark is a sort of Intellectual Property including design, name, sign, word, or expression which recognises a product or service of a particular company from others in the same market. The owner or proprietor of a Trademark can be a company, organisation or any individual.
Following are some vital Trademark Classes in India: 1. Class 9 This Trademark Class comprises Computer Software & Electronics; 2. Class 25 This includes clothing; 3. Class 35 This includes business management & advertising; 4. Class 41 This includes Entertainment & Education;
BENEFITS OF TRADEMARK REGISTRATION IN INDIA Differentiating Products Legal Protection Trademark Recognition Expand Business Brand Recognition
Procedure for Online Trademark Registration in India Following is the online procedure for Trademark Registration in India: Step 1: Trademark Search This is an essential step of Trademark Registration before commencing Registration; it is necessary for any entrepreneur to search for Trademark availability. Trademark Search will provide detailed information of similar Trademark filed with Trademark Registry. Step 2: Filing of Trademark Application Once you complete the Trademark Search, then the Trademark application can be filed with the Registrar of Trademark. The Trademark application should be in a prescribed manner and filed along with the prescribed fees. The Trademark application can be made online or in any Registrar Offices of Trademark with jurisdiction over the state. Following are some vital information that is mentioned in the Trademark application: Logo or name or the Trademark; Detailed information of the products or services; Full name & address of the Trademark holder; Trademark used before (if any). Step 3: Examining Trademark Application: Once the Trademark application is submitted, the Trademark Registrar will examine whether you have followed all the terms and that your Trademark or brand name complies with the existing law. Moreover, there shouldn’t be any similarity with any pending or existing brands for the Trademark registration. This is the reason it is vital to choose a unique brand name.
Step 4: Trademark Publication in the Indian Trademark Journals: After the examination process, the Trademark Registrar will publish your brand name, mark, or logo in the Indian Trademark Journal. This is surely the most crucial part of the Registration, and there shouldn’t be any opposition within three months or 120 days in some cases, from the date of publication. When there is no opposition, the Trademark Registrar will proceed towards the issuance of the Registration Certificate. Step 5: Trademark Opposition: In case there is any Trademark Opposition by any 3rd party within three months of the publication, the Trademark Registrar will send you a copy of the Opposition Notice. You need to reply to the notice by filing a counter-statement within two months; otherwise, the application for Trademark Registration will be deemed as rejected. But, if there is no opposition within the prescribed time, then this step will not apply to you, and your Trademark is proceeding towards acceptance for the issuance of the Registration Certificate. Step 6: Hearing on Opposition: This is applicable if there is any Trademark Opposition. Suppose your Trademark is opposed by a 3rd party, and you send your counter-statement within two months of time. In that case, the Trademark Registrar will send your counter-statement copy to the 3rd party opposing Registration of Trademark. Evidence or proof must be submitted by you and the 3rd party in support of your case. The Trademark Registrar will give an opportunity to you and 3rd party of hearing after submission of evidence. After hearing both the parties & considering the evidence, the Registrar will pass an order of rejection/acceptance of the application. If the Trademark Registrar accepts your application, then they will process to issue a Registration Certificate. Step 7: Issuance of Trademark Registration: If there is no opposition within the prescribed time of 90 days, then the Trademark Registrar will accept your application. And then, the Registrar will issue the Trademark Registration Certificate with the Trademark Registry Seal.
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