How To Register For a Trademark
Step By Step Process:
The process for obtaining a registered trademark involves the completion of a trademark registration process, a trademark inspection, the publication or advertising of a trademark, the objection (objection) if it is proposed, the trademark registration, and the renewal of the trademark after every 10 years.
The process of registering a trademark is simple, however, it is recommended that you use/get the help of a trademark attorney through the registration process to make it easier and more reliable.
Step 1: To search for a trademark
The applicant must be careful when choosing his trademark. Since there are already tons of different types of trademarks available, once a trademark has been selected, it is important to do a public search on the trademark list found in the Registry Marks Registry to ensure that the trademark is unique and that no other trademark is identical or similar to its trademark.
Trademark search reveals all kinds of trademarks that are already available in the market, whether they are registered or unregistered. Search continues to tell us that the trademark used has the same trademark competition.
Step 2: To file the trademark application
An application for registration of a trademark may be filed in one or more categories depending on the goods and services the business is concerned about.
Application for registration by Form TM-A can be submitted online through the official IP India website or in person at the Trademarks Office subject to trademark management.
An application for trademark registration must be supported by a detailed document with full details of the trademark required for registration. In addition, should the applicant require prior use of the trademark, a user affidavit supporting the use, and proof of prior use must be attached?
Step 3: Examination of the trademark application by the government authority
Submit a trademark application file, a compulsory inspection report is issued by the Inspector after a thorough examination of the trademark application in accordance with the guidelines of the Trade Marks Act, 2016.
The inspection report conducted by the authority may or may not disclose certain objections that may be, complete, related, or procedural. The inspection report, which is administered by the Trademark Authority, is released within 30 days of applying for registration.
The response to the test report is required within 30 days after receiving the report confirming the arguments and evidence against any objections to stopping it.
Step 4: Post- examination
After completing the response to the inspection report, the Inspector (Trademark) may appoint a hearing if the Inspector is not entirely satisfied with the response or if the grievances are not reached. After the said hearing, the Examiner may accept the mark and forward the application for publication to the magazine or reject the said application in the event of further objections.
Step 5: Trademark advertising
Once the registration application has been approved, the said trademark is advertised and published in the Trade Marks Journal for a period of 4 months. The purpose of the publication of this publication and the advertisement is to invite the general public to submit a written objection or representation.
Trade Marks Journal is available on the Registry's official website which is updated every Monday of the week.
Step 6: Opposition from the general public
Submit trademark advertisement and publication in any magazine, any victim may file a notice to oppose the registration of the advertised trademark/publication. This notice opposing the trademark must be posted on the Form TM-O video within four months of the publication of the trademark in the Trademark Journal. In the event that a trademark application is opposed/opposed, the legal process must be followed, including the application for a counter-statement, evidence, and hearing for the trademark to be registered.
Step 7: Registration of the trademark
The final step in the whole process is to register when the application continues to be registered after winning an objection and/or contesting a trademark registration.
Apart from this, in the event of a dispute with the trademark registration during the advertising/publishing period of 4 months, in which the trademark is issued an automated registration certificate within a period of one week. Once registration is complete, it is valid for a period of 10 years after which it may need to be renewed within the prescribed period.
What are the different types of trademark units in India?
This simple in some of the available trademarks, wordmark indicates the brand name, for example, Jio or Britannia only mark the name, known as a wordmark.
Word marker registers the name. Once a trademark is registered in a trademark, the applicant reserves the full right to use and represent the name in any format that allows it to be widely protected that includes the exclusive rights of the whole world and defines it in many ways regardless of the style of all brands and services.
The logo instead gives the copyright owner a combination of images, words, and constructions that are considered together. For example, Nike, Adidas, etc. Apart from this, if the business logo is undoubtedly visible to viewers/customers, the applicant may want to put a trademark of this particular logo.
The shield given the name to the logo is limited compared to the standard name tags because the rights to the logo are only legally valid. So if a person wishes to register a different design look or union of names with styles and designs, registering a trademark as a logo may be appropriate.
Logo Composite Mark
Typically, a business brand name contains both names and logos for example Jack & Jones (a global clothing manufacturer) has a complex logo design, which includes the placement of its label on the back of its jeans. And the best way to protect intellectual property in such cases would be to put a trademark, as a trademark, or a trademark. However, because applying for several trades is very expensive, it is always advisable to register a trademark as a trademark.
A separate trademark and logo application must be submitted to complete the shield. But it may be less expensive for start-ups. Therefore, it is recommended that you register a trademark as a trademark, giving the applicant the largest shield in accordance with any potential violations.
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