Advantages of Obtaining Trademark Registration
- Prima-facie evidence of ownership of the trademark.
- Important asset for your business or company and contributes to the goodwill generated.
- Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
- Trademarks can be sold, licensed or assigned.
- Registration usually covers the whole of India.
- Protects the innocent public from buying goods of second-rate quality.
- Upon filing of the application, the registry will issue us with an official receipt with the filing date and number allotted to the application.
- The application is then formally examined by the Indian Trade Marks Office, as to its inherent registerability and/or any similarity with existing marks. If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, an interview/hearing with the examiner is posted. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.
- If, following examination, the trademark application is considered allowable, a Letter of Acceptance (TLA order) will issue, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue.
- Trademark Registration is a tedious process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, once the trademark application is filed, an application number is allotted immediately and the priority starts from the date of application.
- Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.
- In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
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