Trademark Registration
Introduction to Trademarks
Trademarks refer to special symbols through which the goods and services of one undertaking are distinguished from others. Trademarks mentioned above may be any drawings, pictures, signs, or words that are important for brand identification and protection. These fall under the intellectual property rights bracket and are consequently protected against infringement under the Trademark Act 1999. Through this blog, we discuss processes across the Trademark Registration Process in India, its importance, procedure, and benefits.
Reasons for Trademark Registration Process in Rajasthan
There are several reasons why you should have your trademark registered:
- Legal Protection: Avoids others from imitating your products and services.
- Brand Recognition: It enables the customers to identify and differentiate your brand easily.
- Exclusive Right: It provides the registered proprietor of the trademark an exclusive right that cannot be attacked by anybody.
- Renewability: Trademark registration gives a right to renew a trademark every ten years with no expiration.
Types of Trademarks
Quality Safeguard There are various types of trademarks:
- Word/Letter Marks: Brand names
- Numerical Marks: Sequences of numbers
- Slogan Marks: Taglines
- Pictorial Marks: Logos/symbols
- Audible Marks: Special sounds identifying brands
- Colour/Fragrance Marks: Colour combinations/fragrances which are distinctive
Trademark Registry and Its Functions
The Trademark Act 1999 established The Trademark Registry in 1940. The following are the functions of the Trademark Registry:
- Controls and regulates trademark law.
- Examines applications for the procedure for registration of trademark.
- Maintains the Register of Trademarks.
The main office is located in Mumbai, while there are also branch offices in Delhi, Ahmedabad, Chennai, and Kolkata.
Eligibility to Register Trademark
Any person, whether company or LLP, may apply for registration too. The title to Trademark Registration Process in India shall be with whoever is record as such in forms for registration.
Process to Get Trademark Registration – Step by Step
Selection of Brand Name
Select a unique and different sign you would like to use for your business organization. Indicate the kind of class your goods or services are going to fall into since there are 45 classes into which trademarks are divide — 34 for goods and 11 for services.
Conduct a Trademark Search
Searching the trademark registry before applying would be a good idea to find out whether the mark is already register. The same can done through an internet-base database maintained by Controller General Patents Designs And Trademarks or through legal firms offering services on searching along with related search reports.
Filing an Application
The application shall be made on form TM-A. More than one application in respect of each class or series for more than one class or series mark can be made in a single application. The filing fee varies depending on whether it is an individual applicant, a small enterprise start-up, etc.
Trademark Examination
The application is then formally examined by the Registrar of Trademarks to ensure registration of the same does not perpetuate any old laws and regulations. In case of defects, he may write to the applicant for correction.
Publication in Trademark Journal
When the examination by the opponent does not divulge any grounds for refusal, the mark gets published in the Indian Trademark Journal, following which any member of the public is invited to oppose it within four months.