Among various intellectual properties present, Trademark is one of the most essential types of intellectual property which could be basically a word or a combination of words, colors, logos, designs, etc represented graphically and helps people to differentiate one person's goods and or services from another person’s.
Trademark helps individuals and companies create a brand name in the market through which the general public could recognise one's product with a mark and also helps in understanding the origin and quality of certain goods and services. For detailed information on the trademark and its registration, it is advised to seek legal guidance from an experienced trademark lawyer around you.
Importance Of Registration Of A Trademark
Trademarks are jurisdictional rights which are similar to any other tangible asset, these are also tangible in nature, for example trademarks could be licensed, sold or purchased and can also be used as a security in order to obtain a loan. Therefore, such tangible assets need legal protection so as to have economic benefits as long as the owner of such a mark wishes to.
A registered trademark provides exclusive identity to one's business and will also safeguard their brand reputation. A trademark after having registered could be used for 10 years before its renewal and hence, as long as the owner keeps renewing the trademark on time, it could be used as long as the business of the trademark owner keeps alive.
Steps To Register A Trademark
In order to register a trademark, the owner would need to go through the following steps:
Conducting an exhaustive trademark search- all existing trademarks are available with the Trademark Registry, hence, conducting a search would provide a warning as to if the owner shall have any risk when using such trademark or if it is safe.
Filing an application with necessary documents- After having conducted a thorough search, would come the process of filing an application for registration of trademark. An application would have to be filed in Form TM-A either online from the IP India's official website or offline at the Trademark Registry Office, as per one's jurisdiction. For the same, it is essential to obtain the appropriate legal counsel of a knowledgeable trademark protection attorney.
The application is required to be filed for registration of a single mark only for a single class of goods and for services or in multi-class, and the fees shall be calculated for each class to be included in the application. The application is required to be backed up with the required documents, along with complete details of the trademark.
Examination of the application by the Trademark Registry- After an application is filed, it can be thoroughly examined by the Registrar and they shall prepare an examination in writing and would send a copy of it to the applicant within 30 days to let them know if the Registry wants to refuse or accept the application conditionally and will also include such materials through which he came to such a conclusion.
The applicant, after receiving the examination report , must file a reply within 30 days, stating all the defenses including evidence against the objection so raised by the trademark office and the owner should put forward the reasons as to why their application must not be refused and should proceed for further registration procedures. In case the applicant has failed to reply within the time frame mentioned above, the application shall be abandoned.
Post examination procedures- If the examiner is unhappy for any reason with the applicant's response or feels that it does not address the objection raised in the report, they may call a hearing after the applicant has submitted their response to the examination report.
Advertisement of the application in the Trademark Journal- After the application has been accepted by the examiner, it shall be published in the Trademark Journal where it shall remain for 4 months.
Opposition by any third party- Within these 4 months, from the date of publication of the application, any aggrieved party shall be able to file a notice of opposition in the Form TM-O. Notice of opposition would then halt the registration process according to the Trademark Act, 1999, and the applicant would have to follow through certain legal procedure if he or she wishes to continue with the registration of the same mark. In order to have have a better understanding of the procedure involved for the same, it is advised that you seek advice from an experienced trademark agent
Registration and renewal of the same after every 10 years- if there is no opposition or any false opposition is filed, after 4 months of publication period is over, within a period of 7 days an auto- generated registration certificate would be issued to the applicant by the trademark registry office which would be needed to be renewed after every 10 years for keeping it alive.
Conclusion
From the above discussion it could be deduced that the process for trademark registration would require professional assistance. Hence, it is advised that you appoint an experienced advocate either through your friends or family or through a well known legal firm, to help you through the process of registration for the trademark, as it is necessary for the future of your business.
Lead India offers you a team of experienced advocates who could help you with matters involving intellectual property rights. Thus, if you wish to talk to a lawyer for the same or seek free legal advice online from a patent lawyer, you may contact us.
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