Trademark registration
A trademark, a form of intellectual property, safeguards brand names and logos from competitors. Registration secures this protection under the Indian Trademark Act of 1999. It stands as a unique asset, enhancing trust, quality, and goodwill for a company. Owners hold legal rights that prevent copying or imitation, averting infringement possibilities.
Importance of trademark
- A registered trademark in India allows filing in other countries under the MADRID protocol. Registered trademarks serve as intangible assets that can be traded or commercially utilized. Exclusive rights are granted to registered trademarks. They aid in distinguishing products and services. In the digital age, a strong brand name on social media attracts more viewers.
Documents required for Trademark registration
- Logo copies
- PAN card
- Aadhaar card
- Address proof Signed Form -48
- Certificate of Incorporation
Procedure to register
Step1: Trademark search & documentation
Application submission for reserving the logo or brand, followed by document verification.
Step 2: Draft form
The application is either accepted or rejected by the CRC.
Step 3: Form 48 and TM-1
Preparation of Form 48 and TM-1 for trademark application approval.
Step 4: Registration filing
After payment, the trademark filing is completed with the trademark registry.
Step 5: confirmation alert
Regular updates on the trademark application status; any objections must be addressed within 30 days.
FAQ
The trademark registration application might face objections post-examination if it contains errors like incorrect applicant details, address, or similarity with existing trademarks. The trademark registrar requires a clear explanation or a valid reason regarding the mark to resolve such issues.
To check the Trademark registration status, follow these steps:
- Step 1: Go to the ipindia website.
- Step 2: Choose the national or NRDI number
- Step 3: Enter the Trademark application number.
- Step 4: Review the trademark application information.
Typically, the trademark registration process is time-consuming, spanning 18-24 months for completion without objections or oppositions. However, the trademark application number is assigned within just 2 days after filing.
Once the trademark undergoes examination, it's published in the Trademark journal. This publication allows third parties to see it and file opposition against the trademark's registration. This process enables competitors or others to contest the trademark's registration.
Opposition against a trademark must be filed within three months from its publication date by any third party.
Trademark search involves checking if a trademark has been used before. It examines the type of mark, the goods/services it represents, and the timeline of its use in commerce.
The trademark watch service keeps a close eye on the trademark registration process, ensuring clients don't miss crucial stages that could impact the trademark's registration.
Yes. The trademark can be used without registration. It is called unregistered trademark. Please note the trademark should not be identical or similar to the existing trademarks.