FAQ'S on Trademark Registration Procedure | Unilex

Q1 What is a Trademark?

A trademark is generally referred to as the distinctive sign, logo, tagline, or brand name that are created by the merchant to identify his goods and services. The major purpose of trademark registration is to enable the distinction between brands. The legal requirements to register a trademark are following;

•    The mark that is selected by the merchant must be capable of being represented graphically.

•    It must have the capability to distinguish the goods and services from other companies.

•    It must be proposed to be used in the relation between goods and service only.

•    It cannot be confused with trade names.

Q2 How to select a good trademark?

If you want to select a word it must be a little bit creative and unique. If it is a symbol it must be attractive and sophisticated. If it is tagline it must be represented your company’s vision aim and mission. It is advisable to conduct a market survey and check your competitors’ websites and take an idea from them. Make sure don’t copy their trademark.

Q3 what is a function of a trademark?

Under the business, the function of a trademark is mentioned below:

•    The trademark is used to identify the product and its origin.

•    It ensures to deliver the high standard quality to the consumers.

•    It creates an image of the product in the mind of the consumers.

•    It distinguishes the identity of one seller from other sellers.

•    To signify that all goods and services come from a single source.

•    It protects the public against confusion and deception by identifying.

Q4 How can I trademark my company’s name in India?

Below mentioned is an easy guide which a company could register a trademark-

•    Trademark search: The first and foremost all you need is to do a trademark search. Whether your trademark is already registered or not. This would help you to overcome any trouble related to trademark confusion, infringement, and rejection of trademark application.

•  Filling the trademark registration application: Once you have ensured that your trademark is identically different from other sellers. Now you can fill the application form of trademark registration. This application could be done either offline and online.

•  Examination: Once you have submitted your application, the same is examined by the examiner of trademarks. Normally, the examination process takes 12 to 18 months to be completed. In the event, if an examiner needs clarification, he/she can call you anytime.

Publication: Once the application is examined thoroughly, the same shall be transferred in the trademark journal. The purpose of the publication is with respect to any objection raised, if any, by other entity or person.

•  Registration: Generally, after 3-4 months of trademark publication, a trademark registration certificate is approved by the trademark office. After every 10 months, the company’s owner is requested to renew it.

Q5 How do I find out whether a trademark/brand name is already taken by the other company?

A search of the Indian Trademark Register Database will show you whether the trademark is already taken by the organization or not. If it is not, then you can use it, or in the event, it is in use then you have created another trademark for your goods and services.

Q6 What are the different types of trademarks that may be registered in India?

•    Any name such as personal name, the surname of the applicant, signature of the person, can be used as a trademark.

•    Any innovative word from the dictionary, not hurt the religion and culture of the country can be used as a trademark.

•    The combination of letters and numerals.

•    The shape of goods or their packing.

•    Symbols or fancy devices.

•    It can be a 3-D dimensional mark.

•    Monograms.

Q7 The status of my application is “Marked for Exam” what does it mean?

If your trademark registration status shows that “Marked for Exam”, it means your application has been assigned for the examiner. The trademark would be examined by the examiner. Once it examines carefully, the examination report is either accepting or raising an objection. At this stage, the applicant needs to wait for some time for the examination report to be issued.

Q8 The status of my application is “opposed” what does it mean?

The status is shown “opposed” when a third party has filled the opposition request against your trademark. The notice of opposition is sent by the registry to an applicant. In order to navigate from the opposition activists, the counter statement should be filled within 2 months from the date opposition letter is received. Keep in mind, no extension of time is granted to filling counter statement.

Q9 What are the benefits of registering a trademark?

There are many benefits to registering a trademark. Trademark registration allows the proprietor to sue for infringement and obtain very powerful rights against it. A registered trademark can be pledged as a security because it distinguishes your brand to other companies’ brands. A very important reason for registering a trademark is that it is a value store, it will always be attached to the business and offer goodwill to the products and services. Trademark provides an edge to the market and make your image unique. With the help of a trademark, you can easily reach to your audience. Once the brand popularized by trademark this is no use of putting a real name on every marketing strategy.

Q10 Is it necessary to hire a consultant for trademark registration?

Yes, it is vital to take the help of consultant for trademark registration. Because it is not simpler than copyright registration. A legal advisor supports you regarding trademark registration and guides you in the right direction. There are so many obstacles come between while issuing trademark, due to lack of knowledge we unable to overcome them. The consultants enable individual, private enterprises to render various intellectual property services with the best market rates. At, Unilex consultants, you can meet the trademark registration advisor, who can help you, right from the filling application to issue trademark certification hassle-free.  

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