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Trademark Registrstion

A trademark is defined as any sign capable of being represented graphically and distinguishing the goods of one person from those of another and can be a name, picture, signature, colour, word, shape, sound, smell or any combination of these so long as it is distinctive.

If you register your brand name as a trademark you will receive a statutory right to protection of that name throughout the whole country regardless of your reputation. This right can be evidenced by the use of ® to indicate to consumers and other traders the trademark is registered. Trademarks are valuable business assets in that they can be sold or licensed

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A Trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company's products and services from those of others. It is also used as a marketing tool for creating awareness and recognition of products or services among customers. A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark.

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Trademark search refers to the verification done by the Trademark Registry to check whether a similar trademark is already registered or an application is filed with the Registry. The search results indicate the possibility of getting the registration of your desired trademark. Conducting a trademark search before commercial use of your proposed trademark will help you to save the unnecessary cost of branding and avoids the chance of using a trademark that is similar to an existing trademark.

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Registering a trademark gives the owner exclusive rights to use the mark for their products and/or services. If the trademark is registered, the owner can use the symbol ®. In the case of trademarks for which a registration application is filed, the symbol TM can be used.

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Under trademark, goods and services are categorised into 45 classes. It is very important to identify the class in which the goods/services fit into and file the application under the relevant class. If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for respective goods and services.

The trademark registration process is done in two stages:

Stage 1:

  • • Classification of Goods and Services:The entire range of goods and services is categorised into 45 classes under the trademark laws. The applicant needs to identify the correct and relevant class under which the trademark should be registered.

  • • Filing of Trademark Application: Once the classification is complete, an application should be submitted to the Trademark Registry along with prescribed details such as the applicant’s name and permanent address, the chosen trademark, goods and/or services relating to the chosen trademark, and any other relevant information, along with the specified filing fee. Image(s) of the trademark, if available, should also be filed with the application.

Stage 2:

  • Examination of the Application: The concerned trademark examiner reviews the application and prepares an examination report. This process usually takes 8-10 months. The report confirms the validity of the submitted application or alternatively, states any objections and/or other queries that the examiner may have.

  • Publication of Trademark: If there are no objections or if the applicant’s responses to the raised objections are accepted by the Trademark Registry, the application is published in the Trademarks Journal, along with all relevant details, including the applicant’s name and address, trademark image, etc.

  • Registration of Trademark: If there is no opposition raised within the stipulated period, the trademark will be registered and a registration certificate is issued by the Trademark Registry. The registration certificate is valid for a period of 10 years. Upon expiry, registration should be renewed by filing a fresh application and paying the prescribed renewal fee.

Usually, the trademark registration process in India takes 16-18 months.

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