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    Added on 16 July

    Trademark Registration Procedure in India

    16 July

    In simple words, trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product.


    To get the protection of trademark registration online has ton to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognize the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.


    1. Trademarking a Brand Name


    By trademarking your company’s name, you are protecting the brand, its reputation, and your ideas, all of which you undoubtedly invested a great deal of blood, sweat, and tear working on. And while the trademarking process itself will take time in all areas considered, nothing would be worse than not protecting your brand and potentially be faced with an infringement lawsuit from a larger company.


    The process of brand trademark registration in India is now possible and convenient such that you can trademark any one of the below things or even a combination of the following:


    – Letter

    – Word

    – Number

    – Phrase

    – Graphics

    – Logo

    – Sound Mark

    – Smell or a mix of colors


    2. Trademark Registry


    The trademark registry was established in 1940 then came the Trademark Act which was passed in 1999. Currently, the trademark registry works as the operation or functional body of the Act. Or it can also be said to be working side by side. As a functioning body, the trademark registry implements all the rules and regulation of the trademark law in India.


    The Head Office of the trademark registry is in Mumbai and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. When registering a trademark, it is registered under the Trademark Act, 1999 and then the registry of trademarks registers it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.


    3. Who Can Apply For a Trademark?


    In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.


    4. How to Register a Trademark


    Registration of a trademark is done by the registry of the trademarks. When you plan on registering a trademark there are a few steps involved.


    Choosing a trademark:


    Remember to choose a unique and distinctive mark it will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered


    Mark search:


    Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once click on this option you need to choose your class and search the online database.


    5. Online Trademark Registration Procedure


    This is simply a short and best way for any newcomer to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure yourself that you are not picking a brand name that is already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.


    6. Status of application


    Once you have received the confirmation of the filing of the application you will get an allotment number. You can check the progress of the application online with this allotment number. This will take time, if there is no problem with the filing then you will get to know whether your application is approved or rejected in 18–24 months. If there is a problem then this may take longer.


    Files are prioritized according to the filing date, therefore the longer it takes the more priority your application gets. The other perk about income tax return filing is that even if it has been approved you can use them.


    7. Registration


    Once your trademark is approved the registry will give you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.


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