Registration of Trademark is important for any Entrepreneur. Without Trademark
Registration, your business name / your brand name is at Risk of being taken
away by some one else.
Trademark registration can also be obtained for a business name, distinctive
catch phrases, taglines or captions.
Properly used and promoted, a Trademark may become the most valuable asset of a business.
Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin
of the goods as well as an indication of quality.
It is also essential to obtain trademark registration for the business name/trade name under
the Trademarks Act. Registration of a company or business name under the Companies Act does
not in itself give protection against others who might commence using identical or similar
marks.
For any succeeding entity tailored of business of an organization needs are essential
and it is also significant to have all legal documentation in exact order. This, however,
can be an expensive and often frustrating proposition for entrepreneurs, start-ups and
small businesses.
The Indian law of trademarks is enshrined the new Trade Marks Act, 1999 came into force with effect from September 15, 2003. The old Trade and Merchandise Marks Act, 1958 was repealed at the same time. The new Trademarks Act of 1999 is in line with the WTO recommendations and is in conformity with the TRIPS Agreement to which India is a signatory.
Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
Trademark registration creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
A trademark registration in India can be used as the basis for trademark registration in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
TRADEMARK SEARCH:It is advisable to conduct a trademark search for the relevant classes before
filing the application to register a trademark in order to make sure that there is no
identical or similar trademark already registered or for which an application for
registration has been submitted.
FILING OF AN APPLICATION:For registration by a person claiming to be the proprietor of a trademark,
in the office of the Trade mark Registry, within the territorial limits of
the place of business in India.
EXAMINATION OF THE APPLICATION:
by the Registrar to ascertain whether it is distinctive and does not conflict
with existing registered or pending trademarks and examination report is issued.
PUBLICATION
of the application after or before acceptance of the application in the Trademark Journal.
OPPOSITION BY THIRD PARTY:
After publication if any person gives notice of his/her opposition to the registration
within three months which may be extended to the maximum of one month.
HEARING BEFORE REGISTRAR:
If the opposition has been decided in favour of the applicant of the registration of
trademark, the Registrar shall register the Trademark.
REGISTRATION OF TRADEMARK:
On the registration of the Trademark the Registrar shall issue to the applicant a Trademark
Registration Certificate.TRADEMARK SEARCH: It is advisable to conduct a trademark search for
the relevant classes before filing the application to register a trademark in order to make
sure that there is no identical or similar trademark already registered or for which an
application for registration has been submitted.
FILING OF AN APPLICATION:
for registration by a person claiming to be the proprietor of a trademark, in the office
of the Trade mark Registry, within the territorial limits of the place of business in India.
EXAMINATION OF THE APPLICATION:
by the Registrar to ascertain whether it is distinctive and does not conflict with
existing registered or pending trademarks and examination report is issued.
PUBLICATION
of the application after or before acceptance of the application in the Trademark Journal.
OPPOSITION BY THIRD PARTY:
After publication if any person gives notice of his/her opposition to the registration
within three months which may be extended to the maximum of one month.
HEARING BEFORE REGISTRAR:
If the opposition has been decided in favour of the applicant of the registration of trademark,
the Registrar shall register the Trademark.
REGISTRATION OF TRADEMARK: On the registration of the Trademark the Registrar shall issue to the applicant a Trademark Registration Certificate.
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