Ever wondered what the term trademark signposts? Is it an identification of the origin or commercial source of products or is it a means of brand recognition? Well, you may conclude that both stand equally rightward. But then comes the major point of issue apropos registration of trademarks. Is trademark registration a legal process? If so, how can one get it done with minimalist complicacies?.
When you start up a trade or a new business, the very first thing that you need to accomplish is a name, logo or a signature that identifies your image from the rest of others. And that very symbol which sets you apart from the crowd is a trademark. Trademarks are exclusive indications claiming solitary rights of services or products. They are both owned and licensed. Trademark Registration India is a legal process provided under the 1999 Trade Marks Act. Its unauthorized use can lead to legal impediments against trademark infringement.
Prior to filing application for trademark registration, it is highly recommended to conduct a free trademark search beforehand to start with the process. Trademark Registration India provides for such comprehensive searches. A basic search includes all the registered trademarks along with the filed applications. For requesting a free trademark search, you will have to fill up a form available at various websites online. Search results will then be forwarded to you so that you can receive a preliminary idea of any existing conflicting marks. Then you can embark upon the registration process. The essential details have been highlighted below.
You will require the following documents to start with:
• The soft copy of your structured logo in JPEG form
• Form of authorization(TM 48)
• Date of initial usage of the mark
• The proprietor’s name and address
• Required fees
Trademark types can be anything including names, numerals or letters, monograms, symbols, shape of goods or sound marks represented graphically.
Filing a trademark application:
You will have to make an application on form TM-1 while depositing a prescribed chrge of Rs 2500. This task can be accomplished at any of the 5 offices of Trade Marks Registry sited at Delhi, Kolkata, Chennai, Mumbai and Ahmedabad depending on whichever place you or your business resides. After registering you will receive an official receipt bearing a TM number. Then within three months, an examination report gets filed following which you receive a response either by hearing, through an interview or by an affidavit. Your application is scrutinized for ascertaining if it conflicts with existing or pending trademarks. Based on findings, examination report gets issued http://www.freetrademarksearch.co.in/.
Publication in Trademark Gazette:
If the trademark registrar contemplates your mark to be unique after preliminary examination, then it orders for the publication of mark in Trademark Gazette. If there is no opposition filed within the stipulated time period, then the mark is proceeded for registration certificate grant.
Your trademark gets registered and you are issued a certificate by Registrar of Trademarks. The trademark's term of registration is 10 years. On payment of renewal fees, it can be renewed further for an extended period of 10 years.
Any individual, legal entity or business organization can be the proud owner of a distinguished trademark. The trademark registration offices truly are a boon in such cases.
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