Trademark refers to the brand name, logo, sign, symbol, word, or letter that distinguishes the products or services of one enterprise from another.
Trademark Registration is an effective mechanism that protects a business from unauthorized access or. Infringement. The Trademark Act of 1999 governs the procedure of trademark registration in India.
Applicant and Authority for Trademark Registration –
Any individual, LLP, or company can file an application with the Controller General of Patents, Design and Trademarks, Ministry of Industry and Commerce, Government of India, under the Trademark Act, 1999.
Validity of Trademark Registration –
The trademark is valid only for 10 years from the date of registration. After 10 years, a renewal application is required within 1 year of the expiry of the certificate in form TM-R. If the application for renewal of the trademark certificate is delayed, the trademark register protection is removed except if the registrar has reason to believe that it was unintentional.
Procedure for Trademark Registration –
- Choose a distinguishable mark – Before applying for a trademark, the applicant has to choose a mark capable of distinguishing its characteristics.
- Class Selection – There are 45 classes of trademarks, among which 1-35 belong to products and the rest to the service.
- Public Search – Once your mark is final, it is advisable to conduct a public search on the Controller General of Patents, Designs, and Trademarks website.
- Make an application – An applicant needs to file form TM-A along with the prescribed fees-
|For Individual/Sole Proprietorship/Start-up entity
|For Companies, LLP or, any other entity
- In case of any modification requirement, an application in form TM-M accompanied by an additional fee of Rs.900.
- Examination by the registrar – The registrar’s examination report is issued within 15-20 days of the application. A reply to the report is to be given within 30 days of the report to satisfy the registrar.
- Publication in Journal – On satisfaction, the registrar of trademarks will publish the mark in the journal.
- Opposition and Hearing – If a party claims rights over the mark, the applicant must file a counter-statement with supportive evidence within 2 months of opposition. A hearing can also be called if required.
- Grant of registration certificate – The registrar will approve the application and will grant a certificate of registration in the absence of any opposition or upon hearing the verdict in your favor. The owner can use the symbol “®” from the date of the grant of certificate.
Documents required for TM Application –
- A copy of the logo, brand, or slogan name
- Identity proof of the applicant ( Pan Card/ Aadhar Card)
- Address proof of the applicant
- In the case of company/LLP, a certificate of incorporation or partnership deed is required
- Identity proof of directors or designated partners (Company/LLP)
- Udyog Aadhar registration certificate (Only for MSME)
Trademark Registration is significant for the growth of any business as it offers an exclusive right to the owner and protects the brand from competitors. Thus one must voluntarily register their trademark with the registry to maintain its uniqueness.
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