Trademark Registration A trademark is a weapon in the hand of an owner who has created his/her unique identity in the market or in the eyes of the individuals. Once the trademark of any proprietor or a Company or one can say an Applicant is registered it automatically got all legal rights which he can use to protect his/her ownership. He/she can take all legal actions against such a person who has used or infringed the trade identity without the permission of the owner. It can be a logo or wordmark or one can say a symbol which denotes a unique identity distinct from all other. Once the trademark is registered the owner can use the intended trademark while doing the business and if any other person uses it then legal action can be taken by the owner against him. The trademark is denoted through signs ™ and ® where ™ denotes application filed with the registrar and ® denotes that the application has been approved.
WHAT ARE THE BENEFITS OF TRADEMARK REGISTRATION:
Here are the benefits of trademark registration
- It creates a unique identity and market of your product
- It creates a huge market reputation for your product
- Protect your trademark for being an infringement
- It builds confidence in the eye of the customer
TYPES OF TRADEMARK:
- Standard Mark: Standard marks are some basic mark(s). This is the most basic term used for a trademark application.
- Collective Mark: It is being used to differentiate the main origin of any product or services which are being rendered, at a specific geographic region,
- Certification Mark: These are the marks used to indicate that the particular product meets the set standards specified with respect to quality or safety or any such thing.
- Series Mark: These are marks which are similar to each other substantially and differ only with non-distinctive characters.
PROCESS OF REGISTRATION OF TRADEMARK
Step I: Trademark Search
It takes only 1 day to search your trademark. First of all decide the trademark you want to register. Then, search in the record in the Trademark registry. The same can be done through offline and online means.
Step II: Preparation and Filling of Application in Form TM-1
It takes only one day to prepare the application for trademark. Application under Form TM 1 contains information with regard to details of owner, Trademark and the class of goods/services as per the classification list. The application can be filed through online or offline mode however, statutory fees shall be different in both cases there is a relief of INR 500/- in the statutory fees in order to promote online filing.
Thereafter the registrar shall scrutinise the application and search for the uniqueness of the trademark and will check whether it can be registered or not. After ascertain he will either reject the application or approve it, before rejecting the application he will the examination report which will contain a notice regarding the trademark rejection and why it should not be rejected. The applicant shall be provided an opportunity to reply to the examination report and personal hearing. Once the examination report is being issued then the applicant should file it as soon as possible, as in most of the examination reports a period of 30 days is provided by the registrar.
Step IV: Submission of Fees for registration of the trademark:
Once your application is being filled, you will be asked to submit the Govt. fees which is as follows:
|Constitution of business||Online||offline|
|Individual / Startup / Small Enterprise||4,500/-||5,000/-|
Once the fees is submit thereafter the filled application is to be filed with the Trademark registry an acknowledgment shall be issued containing information about application no. and filing date. It is to be noted that applicant can use the trade name by putting TM after the mark it is always being a part of confusion among the applicants and the registered sign can be used after getting the application approved.
Step V: Publication in the Trade Marks Journal
Publication in the trademark journal is the final stage before getting the trademark registered. Once all the formalities are being done and registrar thinks that the application shall be approve, it shall accept the application and published the same for the objection of general public. The period of publication is 3 months and it takes 1 more month for getting the certificate.
Publication in the official gazette provides an opportunity for the ones who may have similar or identical trademark. The validity of trademark is 10 years and thereafter it shall be applied for renewal.
It is to be noted that if any objection is being raised by any third party then both the parties shall be provided a chance to provide their submission as to why the trademark of any one of them shall not be rejected.
Correction to the Trademark Application
Yes correction can be made after the application is being submitted. There are cases where some information as provided under the application is inadvertently filled wrong, the same can be rectify through filling form TM M. The statutory fees for Form TM M is 900/- in case the application is being online and it is 1000/- in case it is submitted offline.
How to file an application of Trademark Application in multiple Classes
A single application can be applied for multiple class under trademark however, for each class a separate fees shall be payable.
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