A trademark is a name or logo that includes words, numbers, devices, symbols, or a combination of these elements. They aid in identifying and separating a commercial product from the other items or products on the market. A trademark strengthens the brand of the company and guards against unauthorized usage by outside parties. Therefore, third parties cannot copy a registered trademark that is in demand on the market for a particular commodity or service. Nike, Bata, Pepsi, and other brands are some trademark examples. For the registration of the mark, one should appoint a trademark protection lawyer
A service mark is used, like a trademark, to distinguish one company's services from those of other service providers. It can only be connected to services, not to products or items. Slogans for a service that a company provides are often utilized. A plumber, for example, has the option of registering the service mark "Leak Fixers" with or without a distinctive logo for the plumbing service he provides. Once a service mark is registered, no one else is permitted to use it in connection with his or her products or services. American Express, United Airlines, Facebook, and others are examples of well-known service marks.
The Service Mark Registration Process
Even if you already have a unique brand name in mind, it is a good idea to run a trademark check to make sure the name is not being used by another company. A dispute and trademark violation are to be avoided. An extensive trademark search helps to ascertain a brand's position, popularity, and value.
You can submit a service mark application at any of the trademark offices in Chennai, Delhi, Mumbai, or Kolkata, or online at the Trademark Registry website once you've established that the brand name you've chosen is not already registered with the Trademark Registry India.
It might take between 12 and 18 months for an examiner to analyze a trademark application after it has been filed to look for flaws. The trademark is only published in the Trademark Journal after receiving the examiner's full approval. The conditions or objections will be noted in the examination report if the examiner thinks they should be addressed or if conditions need to be satisfied before publishing. The applicant will have one month to fulfill these requirements or address concerns. The Trademark Journal is then notified of the trademark.
This action is taken both during and before the registration process. It is for those who want to contest the registration of the trademark, which must be done within three to four months of the trademark's publication in the journal.
A registration certificate bearing the Trademark Office seal is given to the applicant once the trademark has been registered.
How to Register Trademark in India
Trademark research is the initial step. On the intellectual property website, you should look for various combinations of comparable marks. If any marks like yours are discovered, read the description to see if it describes the same range of products or services that you are offering.
The trademark attorney creates an application in the second phase. Form 48 and TM-1 will be prepared for the trademark applicant's approval and signature.
The third stage involves submitting a trademark application to the Trade Mark Registry. The government charges Rs. 4500 to register a trademark for an individual, new business, or small company. The government fee for all other application types is Rs. 9000. For each application, there is a separate charge set for the attorney professional, which is Rs. 3500.
The status of a trademark application must be reviewed periodically once it has been submitted and is being processed by the government. If there is an objection, the applicant has 30 days to respond with an objection. Similar to this, if there is opposition, the applicant must address any issues raised by the opposing party promptly.
If you are searching for a trademark lawyer, trademark agent, or patent lawyer, you can contact Lead India. Lead India provides several legal services, including online resources and free legal advice. The best course of action is to talk to a lawyer and ask a legal question.
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