What is Trademark?
Trademark usually refers to “product” or “logo” or “name” Trademark registration can also be found in a business name, unique holding phrases, tag lines or captions.
When used properly and properly, a trademark can be a valuable asset to a business. Trademarks such as Tesla, Dell, Mustang, Nike and Puma serve as indicators of product origin and quality indicator.
It is also important to obtain the registration of a trademark / trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not provide protection for others who may start using the same or similar marks.
Use of TM, SM and ® symbols
- ‘TM’ represents the trademark and ‘SM’ represents Servicemark. The use of TM and SM logos informs the public that the company requires exclusive trademark ownership and can be used extensively by the trademark applicant.
- The ® mark, can only be used once the trademark has been registered and the registration certificate has been issued. Also, you may only use the registration mark in respect of the goods and / or services for which the trademark is marked.
- The registration process is the same for both trademarks and service signs.
Trademark Registration Process
Step 1: Upon application, the register will provide us with an official receipt and date of lodging and the number provided to the application. The application is then officially inspected by the Indian Trade Marks Office, with its original registration and / or certain similarities and existing marks.
Step 2: If a dispute is raised with the registration, it will issue an official test report. To overcome the objection, it is necessary to submit a written response or present evidence of the discrepancy found and in most cases, refer to the interview / hearing with the inspector. The registrar may require the applicant to submit an affidavit attesting to that user with exhibits showing the brand used.
Step 3: If, following a test, a trade mark application is considered valid, it will issue a Letter of Acceptance (TLA order), after which the trademark will be published in the Trade Marks Journal. If there is no dispute within 4 months from the date of the ad in the Trade Marks Journal, the trademark registration certificate will be issued.
Step 4: Trademark Registration is a tedious process and takes approximately 6-8 months to obtain registration in a forward-looking case, without any objection or objection. However, when applying for a trademark, the application number is provided immediately and prioritized from the date of application.
Step 5: Once a trademark is registered, it is valid for a period of 10 years from the date of application. Registration can be renewed permanently as long as renewal costs are paid every 10 years.
Requirements for filing a trademark application
1. Name, address and nationality of the applicant. If the applicant is a co-operative, the names of all the partners. Also say if any young person is a partner.
2. If the applicant is a company, country or country of inclusion.
3. List of goods and / or services required for registration.
4. A soft copy of the trademark to be registered.
5. If the mark contains or contains non-English words, a translation of those words into English is required.
6. The power of attorney is automatically signed by the applicant.
Frequently asked questions :
What are the advantages of obtaining trademark registration?
- Prima-facie proof of trademark ownership.
- Asset An important asset for your business or company and contributes to good love made.
- It provides strong enforcement rights to prevent others from using the trademark in respect of the goods or services for which they are registered.
- Arks Trademarks may be sold, licensed or assigned.
- Registration usually covers the whole of India.
My Company Name is already registered under the Companies Act. Why should I go for trademark registration of my company name/trade name?
What is the difference between trademark registration and copyright registration for logo?
The logo may be protected under the Trade Marks Act and the Copyright Act.
Trademark registration gives you the power to get brand name protection and also provides a certain amount of protection as the trademark represents. However, if you need to be selected for your trademark or logo representation, copyright registration is highly recommended. Copyright registration does not provide any protection for the brand name.
What is the validity of a trademark registration?
Can I use the ® symbol?
You can use ® (registered trademark) next to your trademark as long as your trademark is registered and the registration certificate has been issued. Please note that it is an offense, and a fine, to fraudulently state that your trademark is registered. Until registration is obtained, you can represent your trademark and TM characters to indicate that you claim rights in addition to your trademark.