Trademark is also written as Trade Mark and Trade-mark. It is a symbol, design, sign, word, symbol, device, or any combination to make difference between the products or services of one and others. The logo of Trademark is printed on a package, label and voucher or on a product/service itself. An individual or a business organization or any legal entity can be the owner of the Trademark. It becomes essential to register and get a trademark for your trade in order to protect it from unauthorized use. The trademark registration creates goodwill and popularizes brand name and business name. Further, it keeps the mark aside from competitors and fraudulent. For trademark registration, you have to submit some documents. The required documents for trademark registration include a soft copy of logo in JPEG format, TM 48 (form of authorization), date of first use of trademark and name & address of the proprietor of the trademark.
Everything that you do or get has a process and you have to follow the same. In the same way, there is a process to register a trademark and the process of trademark filling in India has four steps that are mentioned below:
Search – At first, you have to search a trademark for yourself and check its availability. This search helps you in finding the right trademark which has not been field in India and makes your registration easier.
Filling – You will have to fill up a trademark form and submit the same at the trademark office. You can mention more than one class of goods in your trademark application form.
Examination – After the submission of filled trademark registration form, the concerned office examines the application form that includes distinctiveness, existing similarity with prior registrations, and completion of supporting documents. If the trademark office finds everything ok, it will issue an acceptance order for the publication of trademark. The examination of trademark application takes 3-4 months.
Publication – After the acceptance, trademark applications are published in trademark journal. Any party can file an opposition notice against the trademark registration within three months of publication.
Opposition – Third party can oppose the trademark registration after the publication of the same in the trademark journal within 3 months. The third party can be the owner of an earlier trademark application or the person using the same trademark prior to the client.
Registration – If there is no opposition, your trademark is registered and you will get the relative certificate of registration after 24-30 months of application. The trademark registration is valid for 10 years.
Registering a trademark and getting it approved provides a lot of advantages. Some benefits of Trademark Registration in India are mentioned below for your convenience:
* Acts as a safeguard for your trade, product or service
* Protects your hard earned reputation in the market
* Popularizes your name/business/brand name and protects the same from being used by another
* Creates good impact on customers
* Supports in getting relief in case of fraudulent or misuse
* Provides power to transfer the trademark to others for consideration.