How to Register a Trademark
The visual representation of a word, phrase, symbol, label or numeral character is what a company uses to differentiate its goods and services. The trademark is used to distinguish between the goods and services of one company and other companies. The trademark can only be registered once it is determined to be unique for the goods and services being provided. Trademark registration will be rejected if it is similar in any way to an existing trademark. Reporting of trademarks that are deceptive, similar, protected, abusive or generic is not allowed. The Trademark Registration Fees as well as the process to register trademarks in India online are important for new applicants.
Trademark registration procedures
In India, the process of registration is governed by the ‘first-to-file’ principle. The urgency to apply online trademark registration is highlighted. Applications for trademarks are handled by the Office of the Controller General. Fill out the form according to local laws.
To register your trademark in India, you must follow these steps
Choose a trademark agent for India.
Only a trademark owner whose primary place of business in India can submit a trademark application. A trademark owner who does not have a principal place of business in India must hire an attorney or agent to apply on his behalf. The agency or lawyer often takes care of the mundane work such as searching, preparing and filing the trademark, along with prosecuting it.
Determination of trademark validity and registration
The agent usually begins the process by determining whether the mark is eligible for registration. They will also perform a clearance check to determine if there are any similar marks in the office of the controller general.
Filling out the application and filing
If they are authorized by law, trademark agents may fill out applications on behalf of right holders. To complete the application, you will need information such as the name and address of the trademark owner, the list of goods and services that are associated with the mark, a confirmation of its use and a photocopy of the actual trademark. For more information, visit trademark Registration Online India.
Examenation by the trademark office:
If everything is in order, the trademark office will issue a registration code. If the trademark has been registered, this will be its registration number.
Acceptance, publication or rejection of the Application
In accordance with the Trade Marks Act of 1998, it is the responsibility of the trademark association to decide whether or not a registration application will be denied on the basis of absolute or relative reasons for refusal. They will submit their findings in a detailed report within a month. The trademark registrar decides whether to accept or reject the application based on its assessment. A trademark application can be rejected, given conditions or only partially accepted during the “show cause” hearing, depending on what evidence is presented. If the request is rejected, the Intellectual Property Appeal can be contacted.
Registration:
The e filing trademark is registered if no objections are filed within 3 months after publication of the Trademarks Journal. A registration certificate will then be issued by the trademark authority.
Conclusion:
The Trademark Act of 2016 allows trademark owners to sue for damages in the event that their trademarks have been violated. The owner of a trademark can continue to use it for 10 years after registration. The trademark renewal for 10 years could renew registered marks that are nearing their expiration date.
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