A trademark is a symbol or string of letters and numbers that a company uses only to set its goods and services apart from those of competitors.
A firm can invest in branding and ensure that its products and services have a distinctive branding in the market by obtaining a registered trademark.
The Trade Marks (Amendment) Ac, which governs trademark filing and registration in India, enables the registration of trade marks for products and services, improves their protection, and forbids the use of counterfeit marks.
In this post, we’ll look at the documentation requirements, trademark registration procedures, and the trademark registration india.
Documents Required for Trademark Filing
To file a trademark application the following documents are required:
- Form 48 must be completed and signed by you to authorize an attorney to file your trademark application.
- If you want to use the cheaper trademark charge of Rs. 4500, you will need to provide an Udyog Aadhar Registration Certificate.
- The government charge for trademark filing is Rs. 9500 for partnership firms, LLPs, and businesses without Udyog Aadhar.
- a certificate of incorporation.
Trademark Filing Process
Through IndiaFilings, submitting a trademark application in India is a straightforward procedure.
Form 48, TM-1, and trademark classes are just a few of the documents that must be accurately listed when filing a trademark. Therefore, it is best to seek assistance from a trademark expert when filing for a trademark.
Trademark Search
It is advised to conduct a trademark search before filing a trademark application in order to learn about any similar or identical trademark applications that have already been filed, as well as their status. A trademark search can lessen the likelihood that the application will be contested, rejected, or opposed.
Trademark Registration Certificate
The trademark would be registered if there is no resistance or if all oppositions have been overruled. The R sign may now be used by the applicant.
Now, the trademark registration would be good for ten years from the application date and could be renewed at the end of that time.
Trademark Application Filing
Once a trademark search is complete, determine the trademark class under which the application would be filed and the description of goods/services the mark would represent. Sign the Form 48 to provide the attorney with authorization to file your trademark application.
With the Form 48, the Attorney would file the application and provide TM-1. If TM-1 is acceptable, payment would be made to file the trademark application with the Government.
Begin using TM Symbol
On filing the trademark application, a trademark application number would be provided by the Government with 1-3 working days. On obtaining the trademark application number, you can being using the TM symbol.
Trademark Application Processing by Government
Once the trademark filing is complete, the Government will process the application within 1 year. In case the application is similar to an existing trademark application, the Trademark Examiner would raise an objection.
Trademark Objection
On receiving a trademark objection, the applicant can respond to the concerns raised by the Examiner within 30 days to explain why the mark should be registered despite the objection.
Trademark Hearing
In case the Examiner requires further information or documents or is not satisfied with the documents submitted in response to the objection, he/she could call for a hearing. In a hearing, a Trademark Attorney can represent the applicant with the concerned Officer to explain why the mark should be registered.
Trademark Journal Publishing
If the trademark application is acceptable to the Government, it would be published in the Trademark Journal for a period of 90 days. During this time, any person can raise an opposition for registration of the mark. In case of opposition, the Trademark Registrar would provide an opportunity for the applicant and the counter-party to present their concerns.
Trademark Infringement
Using a registered trademark without the authorisation of the trademark owner is an offence under the Trade Marks Act and is known as trademark infringement. In case of infringement, a registered trademark owner can issue a notice to the infringer to cease and desist use of the mark.
In case the infringer does not stop using of the mark, action can be initiated to cease all goods that violate the Trade Marks Act and a claim for damages can be initiated.
Also read:
A Guide to Registering a Podcast Trademark