Introduction
When someone wants to completely protect a mark from unlawful access, they must go through the trademark registration process. The statutory rights to take legal action against anyone implicated in trademark infringement are granted by trademark registration.
When a trademark is registered, the owner is given the only right to use it on goods and services. A legal procedure must be followed in order to register a trademark. One cannot claim that a mark is covered by statutory protection without registration. This page would cover every aspect.
What is Trademark Registration?
Once the brand begins to gain traction in the marketplace, trademark registration offers the business a host of benefits. In the long run, a trademark may provide a distinctive brand for the goods and services. When compared to generic items, the branded products are effective in attracting customers’ attention. It shields your brand from potential exploitation for years to come.
What is the Trademark Registration Process in India?
You can finish the trademark registration process in India by reading-
Trademark Search
1: The first stage in the enrollment process is choosing a trademark.
2: It is wise to check the trademark registry to make sure the proposed trademark does not conflict with any already-registered marks.
3: Either the trademark office or an internet portal can be used for the search.
4: To get around the statutory limitations on such a process, it is advisable to seek professional advice from knowledgeable attorneys. After thorough investigation, the registration application may be submitted in the required format.
Filling of Form TM-1
Cost Involved: Rs. 4,000 per application plus the attorneys’ trademark registration fees.
Step 1: The following information is included with a trademark registration application:
- “Mark” was chosen as the registration name.
- Information about the owner of a trademark.
- The items and services that are being suggested for trademarking are
Step 2: The trademark applicant may file their application both offline and trademark registration online.
The applicant must have a Class III Digital Signature Certificate for an trademark registration online application.
For offline applications, a trademark registry office application is necessary.
Step 3: The registrar will check to see whether the proposed mark conflicts with any already-registered marks after receiving the trademark registration application. The registrar will also check outstanding applications to make sure no one is making the same request twice.
Step 4: The registrar may express doubts about the validity of the application and may even inform the applicant of such doubts. A response to the registrar’s concerns must be provided by the applicant, however, within three months.
Charges Associated
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- Only one application may be enclosed in Form TM-1 lawfully. A separate application must be completed for each class where a trademark applicant wishes to register their mark.
- For such a reason, the competent authority will levy Rs 4000. Lawyers in this situation normally bill for Rs 2000.
For logo registration, the applicant must provide the logo in:
- The applicant quickly receives the acknowledgement, which includes the application number and submission date, but must wait two days to get the Original Representation Sheet.
Use of Trademark
Once you have obtained trademark registration, you may use the “R” symbol, which has a ten-year validity period.
Issuance of the Examination Report
The time it takes to finish the Examination Report is usually between three and six months. Although it is free, it may charge the applicant between Rs. 4000 and Rs. 6000 if an authority finds something about the application that they find disagreeable.
The authority will make an effort to find any undesirable components in the application at this stage. If everything is correct, they will provide the applicant a letter of acceptance, or TLA.
On the other hand, if the authority identifies something strange in the application, the applicant would be informed of it and given the opportunity to fix the problem. The following situations frequently result in objections. The following are those:-
- If a proposed trademark looks similar to a trademark that has already been registered.
- If a word or symbol has offensive characteristics that might offend someone’s sensibilities or beliefs.
The petitioner is entitled to legally contest the objection. The applicant must pay an extra charge of Rs. 3,000 for this reason in addition to paying a lawyer’s fee, which is specifically between Rs. 4,000 and Rs. 5,000. The attorney will formulate a response to the authority’s objection. The lawyer must therefore carefully examine the situation.
Advertisement in the Trade Marks Journal
Following approval of the registration application by the government, the trademark would be published in a trademark journal. By taking such action, the authority would be able to respond to any potential complaints made by the parties in question over the breach of the Trademark Act.
Details like the list of products or services and the registration dates are included in the published trademark. The registered trademark has a ten-year lifespan and is renewable within six months of its expiration.
Within four months of publication, if no one objects to the trademark, the authorities will issue the registration certificate within six to ten months.
Trademark Registration
From the date of publication in the trademark journal, it usually takes eight to nine months to issue a trademark certificate. Ten years would pass before the needed trademark lost its
Documents Required for Trademark Registration?
Trademark registration documents-
The following paperwork is required when requesting a trademark:
- Brand name or logo that you wish to register.
- Information about the classes under which the trademark will be registered
- A Power of Attorney enables a lawyer to register your trademark on your behalf.
- You need a certificate of registration if your business is a start-up or an MSME. A 50% reduction on the government charge is available.
- You may register a trademark as of the date of first use if you began using it for commercial purposes in India before submitting an application for registration. If so, you must submit an affidavit together with documentation evidence,
Benefits of Trademark Registration
- Trademark Registration Process- Consumers and any other parties should be informed that the goods or services offered under a registered trademark belong to the trademark applicant after the registration procedure is complete.
- Additionally, the registered trademark grants the owner the sole authority to use, sell, and alter the goods in any way.
- Registration of a trademark in India and other commercially relevant nations is essential. It gives you the legal authority to only use your trademark in those nations.
- Additionally, it stops anybody else from utilizing your copyrighted company name or emblem without your consent. Additionally, it protects your goods or services against infringement. As a result, a trademark enables you to defend your brand against infringement.
- In India, your trademark registration status is essential for 10 years. It can be renewed for an additional 10 years. The trademark will not expire as long as you maintain renewing it, and you may keep using the trademark rights.
- In addition, the registered trademark owner has the option of selling it. You are allowed to transfer a common law trademark when the company is sold.
- Priority for registration will be given to the first applicant for a trademark.
How Muds Management Helps you in Trademark Registration Process in India?
Muds Service Range includes:
- A detailed search on the Controller General of Patents, Designs, and Trademarks website.
- This search aids in establishing your company’s eligibility to start the trademark registration procedure in India.
We will advise you on which classes to apply for:
- Making and submitting an application for trademark registration India
- Producing an affidavit to prove that a mark was previously used
- Composing a response to a third party’s opposition or objection to a Trademark Registry application
- Hearing attendance
Our other areas of service include:
- Support with litigation Modifications to a trademark application or registration
- Assistance with the renewal of registered trademarks
- Support with the creation of assignment deeds, franchising and licensing agreements, and other legal papers.
Conclusion
Images, designs, and even statements are examples of trademarks. Since a trademark is considered intellectual property, it aids the business in protecting its intangible assets from potential exploitation and infringement. A registered trademark is a piece of intellectual property that guards against infringement of your business’s goods and/or services by other parties. Your products and services should have more brand value as a result of using a trademark, which should help improve brand awareness.
You may boost your company’s total worth, goodwill, reputation, and net worth in the market by registering a trademark in India.