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What is a Trademark & Trademark Registration
A trademark popularly known as brand name, is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader’s goods from similar goods of another traders. Branding is like the soul of the business, which helps people identify or connect with your product or service instantly.Essentially it is anything which identifies a brand to a common consumer.
Trademark Registration is the simplest way of getting legal protection for your brand. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.
Also, as soon as the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.
Why Should I Get Myself Registered?
You shall become the legally authorized owner of your registered brand and no body will be allowed to use a similar or identical trademark without your permission.
Creation of Asset
It increases the value of your brand to potential purchaser who is likely to pay more for your goodwill.
It helps you establish your unique identity in the market.
Registered Trademark gives you nation-wide protection. You further get a platform to expand overseas.
What Can Be Trade Marked
- Invented/ arbitrary word
- Letter/ numerals
- Combination/ Single color
- 3D Mark
Examples Of Trademark
- Mc Donalds
- LG Pepsi
Different Stages Involved In Registration of a Trademark
- EXAMINATION STAGE : Application will be examined by the examiner of trademarks.The mark is examined basically on three grounds i.e. distinctiveness, descriptiveness and similarity to the prior marks. The examination report will then be communicated to each Applicant or Agent or Attorney by quoting objections, if any, for acceptance of the application.
- INQUIRY STAGE : After receipt of Examination Report, a personal hearing may be requested by the applicant in order to overlook the objections by producing documentary evidences during the hearing. Thereafter order will be passed in the application by the registrar.
- ADVERTISEMENT STAGE : If the application is found to be acceptable, then it will be advertised in the Trade Mark Journal (Official Gazette of the Trade Marks Registry ) to invite opposition, if any, from the public within the prescribed period of four months. Once the mark is advertised in trademark journal, it is open for a period of 4 months for third parties to oppose.
- OPPOSITION STAGE : ( If any ) This stage will arise only in cases when an opposition is filed against the registration of a particular trademark. If there is no opposition, then the mark will be registered.
Individual/ Startup/ MSME
Procedure For Registration
Trademark Search(Within 1 Hour)
- To ensure that your brand name or logo is unique, the trademark search is conducted by our experts in the desired class.
Preparing the Application(1-2 Working Day)
- After conducting the trademark search and obtaining the documents our Trademark Attorney will prepare your trademark application.
Application Submission(1 Working Day)
- Once the application is prepared it is submitted with the Registrar and the applicant can use the Trademark with your brand name.
Frequently Asked Questions
Will my trademark registration be valid across the world?
No, trademark registered in India will be valid only in India. However, some countries use the trademark registration in India as a basis for registering the trademark in their country.
Who Can Apply For a Trademark?
Any person or business claiming to be owner can apply for a trademark including:
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.
Can a registered user restrain third party from using identical or similar mark if third party is continuous and prior user of the mark?
It shall depend on the circumstances of the matter. But ordinarily a registered user can’t restrain third party from using identical or similar mark if third party has been continuously using the mark in relation to the same goods or services for which mark of registered user is registered provided third party has been using the mark from a date prior to date of use of registered mark or date of registration, whichever is earlier.
Is the sound or smell registrable as trademark? How are these marks specified?
Yes, sounds or smells are register-able as a mark. However, they should be capable of being reproduced graphically and should be distinctive. For sound marks the reproduction of the same has to be submitted in the MP3 format not exceeding thirty seconds’ length recorded along with a graphical representation of its notations. Smell can be represented as chemical formula along with the sample. Eg. the 4711 cologne
Is the trade mark liable for removal on the ground of non-use?
Yes, a registered trademark can be removed on the basis of non use. Except as excused in clause 3 of section 47 of trademarks act, 1999, a trade mark may be removed on the ground of non-use if:
- That the trade mark was registered without any bonafide intention and was not used till a date three months before the date of the application for removal; or
- Trademark was not used for a continuous period of five year from the date of registration of trademark and application was made after three months from the expiry of five years.
Once registered for what period of time, a trademark is effective? Can a trademark registration be renewed?
The registration of a trademark is valid for a period of 10 years. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed in FORM TM-R within one year before the expiry of the last registration of trademark. The renewal fee for physical filling is 10,000 while for e-Filling is 9,000. If renewal fee is not paid till the expiration of last registration, surcharge has to be paid along with prescribed fee accompanied to form TM-R. If renewal fee along with surcharge is not paid till the expiry of six months after expiration of last registration, trademark is liable to be removed. Once removed, restoration of trademark can be requested in form TM-R along with prescribed fees and applicable renewal fees (physical filling: 10,000, e-Filling: 9000). TM-R can be filed within one year from the expiration of last registration f the trademark
Can a registered trademark be amended at later date?
Yes, the filed mark is allowed to be amended as per the provision of Section 22 of the Trademarks Act, which allows the amendment of the mark provided it does not amount to a substantial change in the character of the mark as such. Any superficial or insignificant character or feature of the said mark, is allowed to be amended, if a request filed in the prescribed format along with 16 copies of the amended label mark.