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What is Trademark Registration? Various Stages in Trademark Registration Check out these slides before doing a Trademark Registration for your Brands.<br><br>For more info contact us: unimarkslegal.com
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Various Stages In Trademark Registration
What is Trademark Registration ? • Trademark is a word, pharse, symbol or design or a combination of those that identify and distinguish the source of goods of one part from those of others so your trademark is studiously crafted personality of your product or services or your company or institution. • A Trademarks is a “BRAND” or “LOGO” that you can use to distinguish your product from those of your competitions. Through Trademark Registration or you can say LOGO Registration / Brand Registration, you can protect your Brand or Logo by Restricting other people from using the same.
The Stages of Trademark Registration Search (Optional) Filing Examination Report Response To Examination Report Advertisement Opposition Registration & Renewal
Stage 01 Search (Optional) A Trademark search for identical or similar marks may be conducted online and on the official website of the Trademark Registry to determine if the mark is available.
Stage 02 Filing If it determined that no similar Trademark has been Identified, A Trademark application is filed for the specification of Goods/Services for which it is being used or is proposed to be used
Stage 03 Examination Report • The Trademark application is examined by the trade marks office in about Two or Four (2-4) Months’ time from the filing date and objections, if any, are raised. • These Objections can Either be raised on: • Absolute Grounds (Distinctiveness, Devoid of Distinctive character, not capable of distinguished Goods or Services etc.) • Orrelative Grounds (Similarity with earlier trademark already existing on the trademarks register). If no objections are raised, the mark shall directly be allowed to be advertised. (Stage5)
Stage 04 Response to Examination Report It an examination report is issued, a response must be filed within one (1) month from the receipt of the examination report failing which the application is ‘Deemed to have been Abandoned’ by the application. If the trade marks office is convinced with the response filed, the application is Advertised in the Trademark Journal. Alternatively, in case the Examiner has further objections, a show cause hearing would be offered to the application.
Stage 05 Advertisment After Examination, if the examiner is satisfied with the response filed to the objections, the trade mark application is advertised in the trademark journal. The trademark journal is hosted weekly on the official website.
Stage 06 Opposition Once advertised, the trademark is open for opposition purposes for a period of four (4) months. Incase no opposition is filed within this stipulated time period, the mark proceeds to Registration.
Stage 07 Registration & Renewal The application shall proceed to registration if the trademark application is not proceed within 4 months from the date of advertisement in the trademarks journal. The trademark registry will then issue a soft copy of the registration certificate. The mark is Registered for a period of 10 years from the date of filing of the application and can be renewed from time to time on payment of renewal fees. Each renewal term is for a period of 10 years
Document Required For Trademark Registration Soft Copy of the logo / trademark to be registered; A list of goods and /or services for which registration is required; Proof of the Applicant
Document Required For Trademark Registration Use or Prior usage documents:Date of first use of the trademark in India, if at all used or else the application can be filed on a proposed to be used in case the use of the trademark is claimed prior to the date of the application, an affidavit testifying to such use along with supporting documents required for trademark registration, shall have be filed along with the application Power of Attorney:Aprescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization / notarization is required)
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