It is not a good idea to invest your time and money in a brand, only to see the same brand name used by another. This can cause you to lose your brand reputation. Many trademark (TM) owners find themselves in lengthy litigation after they fail to register their trademark in India when it was appropriate. The trademark registration of a brand name is easy. You can get the legal protection you need for your brand name registration in India by following a few easy steps.
Step 1: Trademark Research
Many entrepreneurs don’t understand the importance of a TM Search. A TM search is essential for any brand with a distinctive name. A TM search will help you find similar trademarks and give you an accurate picture of your trademark’s position. Sometimes, it can also warn you about the possibility of trademark litigation. You don’t have to spend your time and money on trademark litigation later.
Step 2: File a Trademark Application
Once you have confirmed that the chosen logo or brand name is not in the Trademark Registry India you can apply to register the same. First, you need to apply for a trademark registration at the Trademark Registry India. Most trademark applications can be filed online. An official receipt is issued immediately after the application has been filed. This receipt can be used for future reference.
Step 3: Examine
The examiner will review the trademark application after it has been filed. It can take anywhere from 12-18 months for the examination to be completed. The examiner may accept the trademark unconditionally, conditionally, or object.
The trademark is published in the Trademark Journal if it is unconditionally accepted. If the trademark is not unconditionally accepted, the objections or conditions must be met. A month would be allowed to respond to or fulfill these conditions.
After such a response has been accepted, the trademark will be published in the Trademark Journal. A hearing can be requested if the response is rejected. If the examiner decides that the trademark should not be registered, it is published in the Trademark Journal.
Step 4: Publication
Publication is an integral part of trademark registration. This allows anyone objecting to trademark registration to have the chance to challenge it. The trademark is granted registration if there is no opposition within 3-4 months of publication. If there is an opposition, the trademark is registered.
Step 5: Register Certificate
After the trademark application is published in Trademark Journal, a registration certification under the seals of the Trademark Office will be issued.
Step 6: Renewal
After 10 years, the trademark can be renewed for a perpetual renewal. Your trademark registration or logo can be protected forever.
It is easy to register a trademark in India, as you can see. Although it is simple, it is essential for brand registration. Intepat can assist you in the registration process without worrying about responses and deadlines. Therefore, it is important to understand the importance of brand name registrations and to take action today to protect them.
A registered trademark helps differentiate products and services from others. It can be a device, label, name, word, or any mark. The Indian laws describes it is an asset for the proprietor and this should be protected by Trademark Registration.
Get your Trademark Registered with Bharatregister.
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