Trademark Registration

INTRODUCTION

A trademark is a symbol, visual in nature like a word, name, label or numeral etc. It is basically used to distinguish an owner’s product or service from that of his members. For example, ‘Thumbs Up – Taste the thunder’ is a trademark for a cold drink. Indian trademarks are registered with the Controller General of Patents, Designs and Trademarks. It is valid for 10 years from date of filing. The procedure to register a trademark is as follows:

PROCESS

1. First, one has to perform a search whether the trademark one wants to register is similar to any one which has been already registered in which case it cannot be registered. There are two types of searches online and offline conducted by trademark agents and attorneys.

2. Next, a trademark application is drafted by the attorney and application is filed. As soon as it is filed one can start using the trademark.

3. Finally, the registration process can take 8 to 24 months and costs about Rs. 4500 to 9000 in government fees. The trademark office will approve if the trademark is unique and makes an advertisement in the Trade Marks Journal for inviting opposition from other business within 4 months. If there are no objections, the Trademark is registered within 6 months.

Objections

1. Objection: An objection to a trademark claim is not the same as a denial but only a means for the registrar to seek further information regarding the reasons and registrability of the mark. Its rather an opportunity to explain why trademark should be granted which is done in the form of a trademark objection reply.

2. Clarification: The grounds on which the examiner can raise objections and on which clarifications may be required are if it is a deceptive mark that can cause confusion among consumers or if an identical trademark already exists or if specifications of goods and services are false or if the trademark is offensive or obscene.

3. Filing of amended application: A detailed description containing the reasons justifying the trademark’s validity should be filed within 30 days of the receipt of the objection failing which the trademark will be abandoned

ADVANTAGES / FEATURES

1. It’s a means to protect the business.
3. Important asset to the business as development of goodwill takes place over the years.
4.  It stops others from using your trademark.
5. Since it is an asset, it can be sold, licensed and assigned

DOCUMENTS REQUIRED

1. Brand name and logo
2. Date of use
3. Details of the nature of business

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