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Trademark Registration


A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol.

 A trademark can be registered if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguishes the goods or services of a firm. It acts as a protective cover of the company’s investment made in the logo or brand.

Benefits of Registering Trademark :

 

1.      It identifies the goods and services and their origin or owner.

2.      Its registration is the basis for legal compensation.

3.      It establishes the legal right of the trademark owner to use the trademark throughout the country.

4.      It is the most cost-effective way to ensure legal exclusivity for the use of your trade name or logo etc.


5.      It can be sold, licensed or assigned.

6.      Registration usually covers the whole of India.



Trademark  Registration  Process :

Application: The application for registration of a trademark shall be filed in Form TM-A.

Scrutiny of mark (Objection): The scrutiny of the mark is done by the Registrar and if found satisfactory, he shall publish the same in the Trademark Journal or else issue examination report i.e. objection.

Issue of Examination Report: An examination report stating the grounds due to which the trademark shall not be considered for registration is issued by the Registrar generally within 15-20 days of filing the application.

Advertisement in Indian Trademark Journal: An application is advertised in the trademark journal so as to invite the public for filing an opposition for the mark.

Opposition: The time period to file a notice of opposition is four months from the date of advertisement of the mark in the trademark journal.

Registration: Where no opposition is filed within the specified time, the application shall proceed to registration.



Required Documents:

ID Proof

Address Proof

Photos



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