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TRADEMARK REGISTRATION IN INDIA : A BRIEF

WHAT IS TRADEMARK REGISTRATION IN INDIA?

“Trademark” is a sign used by businessmen or traders to differentiate their services and goods from others. A sign may include anything from a label, slogan, title, colour, word or a heading etc. It indicates the origin of trade and is an effective tool of marketing for highlighting the services and goods of a trader. In India, for registration of a sign, it should also be capable of being expressed through graphic representation that includes pictures, words or both. Other significant factors for registration of a trademark in our country are as follows :

 Trademarks registration are legally recognized and derive their legitimacy from the Trade Marks Act of 1999.

 The Act allows for registration of trademarks that are used or that will be used by an owner to indicate his identity and draw a connection between him and his goods through these marks and confers the right to exclusive use of such marks.

  A Trademark is registered generally for a time period of Ten years but is renewable according to the rules of Trademarks Act, 1999 after payment of a required sum of money that is prescribed.

 It is necessary to renew a trademark by filing an application for the same within six months from date of expiry of the last registration of trademark.

REASONS TO REGISTER FOR TRADEMARK REGISTRTION

There are many reasons for which Trademark Registration should be done: • It helps in identification of an owner and the services and goods offered by him. • It facilitates in advertisement of services and goods and generates an image of these services and goods that leads to more purchase.  • It is a symbol of affiliation and loyalty and may promote consumers to build a particular lifestyle.

PROCEDURE FOR TRADEMARK REGISTRATION 

 It is recommended to engage in a trademark research concerning relevant classes before applying for its registration to avoid the possibility of another similar or identical trademark that might have been registered for which an application has been submitted.

 The person claiming proprietorship has to file an  application in the Trade mark Registry’s office that is located within the territorial limits of where the business is conducted in India.

 The registrar examines the application and ascertains the distinctiveness of it by ensuring it is not in conflict with the pending or already registered trademarks and issues an examination report.

 The trademark Journal publishes the application before or after its acceptance.

 A third party may oppose the registration within a period of three months which might be extended maximum to one month.

 The registrar has to register trademark in a case where the opposition decides in applicant’s favor.

 The registrar has to issue a Trademark Registration Certificate to the applicant on registering the Trademark.

For more details about Trademark Registration in India, visit Company Vakil and get you TM Registered in India.

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