How to apply for Trademark Registration?
What are the benifits of having Trademark registered?
A trademark is an identifiable mark, design or even a word which identifies a product or a services of a particular business. As soon as you have applied for the trademark, you can use the ™ symbol next to your brand/business name. And after the trademark registration is complete can you use the ® symbol. Both these symbols give your brand great protection and value in the market.
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
Salient features of the Trademark Act 1999
- "Intellectual Property Appellate Board” has been established for Speedy disposal of appeals and rectification of applications, which at present lie before the High Court.
- It provides registration of trademarks for services also.
- Punishment has been enhanced on part with the present Copyright Act, 1957 for the offences relating to trademarks, which prevent the sale of spurious goods.
- It also gives registration for “collective marks” owned by association, society etc. Use of someone else’s trademark as part of corporate name or name of business concern has been Prohibited.
- It increased the period of registration and renewal form 7 to 10 years.
- Application of convention country to include other countries that are members of Group of Union of countries and inter-governmental organization extended.
- Trademark offences have been made cognizable and jurisdiction of Courts enlarged to bring the law on par with copyright law.
Procedure for applying for Trademark registration -
Search (Search Report) - A search request is filed at the Trade mark Registry, Govt. Office to check whether the trademark to be applied for is registrable or not.
Application For Registration - An application has to be filed after the search. The complete application documents we need to prepare. After the documents are signed by you we submit the same in the trademark registry. On Submission, application number is received which is made available to you.
Official Objections, If Any - We need to reply to official objections raised under various sections of the Act.
Publications and Registration - The mark is then published in the trademark journal and a certificate of registration is issued.
Time Period - Application procedure takes about 40 days time after which you can start using ‘TM’ in case of you deal in goods and ‘SM’ in case of you deal in services. Registration certificate will be received within 2 years. (Approximately).
Note- In case of Critical Legal Proceeding it’s may take more than 2 years or above.
Benefits of Trademark Registration
PRESERVE YOUR EXCLUSIVITY PROTECT YOUR HARD EARNED GOODWILL
OBTAIN RELIEF IN RESPECT OF INFRINGEMENT (MISUSE BY OTHERS OF YOUR TRADEMARK)
NATIONWIDE PRIORITY BENEFIT DETERRING AND PREVENTING OTHERS
USE OF THE SYMBOL OR ADDING SUBSTANTIAL VALUE TO YOUR BUSINESS WHEN YOU DISCOVER ANOTHER TRADER USING A CONFLICTING MARK IN THE MARKET PLACE POWER TO ASSIGN AND LICENSE YOUR TRADE MARK TO OTHER FOR A CONSIDERATION
Trademark Registration Lawyer
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