A trademark is a mark that is used by a business which distinguishes itself from the rest. The trademarks act of 1999 and the trade marks rules of 2002 say about registration of a trademark. Getting your trademark registered is an important thing to be done while doing your business. Some of the advantages of getting your trademark registered are that it helps in advertising, it distinguishes your products from that of your competitors and also gives a right to use the mark. Another advantage of registering your trademark is that it helps in court proceeding where a registered trademark can be used as proof. Therefore it is very important that you choose an attractive and good trademark as it represents yours businesses identity. If the trademark name is not registered, then you do not have any legal rights and therefore cannot initiate court proceedings.Below content tell about getting Registration of Trademark in India.
Sections 9 to 11 of the trademarks act of 1999 say about grounds under which the trademark may be refused.
Trademark registration procedure
A trademark can either be a name, any other word, letters, numbers, designs, shapes, colors, sound marks, marks etc. After you have decided on the name, the trademark application form (form TM-1) has to be filled. Other documents which are usually required for registration purpose are a soft copy of logo, address of the owner, date from which the trademark was used and the form of authorization (TM 48). Also a search has to be done to see whether the trademark you choose already exists. This can be filed in any of the five offices in India which are at Kolkata Delhi Mumbai Chennai and Ahmadabad. After the application is filed, it will be checked by the registrar.
Online Trademark registration in India
A Registration of Trademark in India application can also be filed online.In case there are any objections, then the registrar will issue an official examination report. The examination report will be based on whether your trademark conflicts with any other existing trademark. This can be within 3 months to one year from the date of filing of the application. If the trademark is accepted by the registrar, then it will be published in the trademarks journal. This is done to enable the public to file opposition regarding the trademark.
The period for which a trademark is granted is usually ten years. For renewal of the trademark an application has to be filed by the owner with the necessary fees to the register of trademarks before the expiry of the original registration. If the owner fails to do so, then the trademark will be removed from the trademark registry after the prescribed time period.
Call 0091-9544044440 for Registration of Trademark in India by J and J IP Management Services.
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