What Is The Process Of Trademark Registration In India?
I want to register a Trademark for my business of luggage bags. How can I get my logo registration done? What is the process of Trademark Registration in India?
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Trademark is a kind of Intellectual Property of business in form of a name, word, label, logo, slogan, symbol, numeral or device used to differentiate its goods or services from the other goods or services of similar form or use. A Trademark, when registered, becomes the Intellectual Property used for commercial purposes by the company and gives certain Intellectual Property Rights (IPR). These IPRs prevents anyone from using, selling, copying or distributing the registered Trademark without proper permission or license. Any person which can be individual, company, proprietor or legal entity claiming to be the owner of the trademark can apply.
A Trademark registration can be done if it is distinctive and original. Any mark that is identical or similar to an already existing registered Trademark cannot be registered. Any trademark that is deceptive, offensive, generic or containing a protected emblem cannot be registered. The Trademark Act, 1999 lays down the provision for registration of Trademark and the Controller General of Patents Designs and Trademarks deals with trademark registration in India. Once the ® symbol is assigned to the Trademark, it is valid for 10 years, which can be easily renewed for another 10 years.
The process to register a Trademark online includes preparing an application for Trademark registration after all the documents are submitted. After this, the application or the Trademark registration form is submitted to the Trademark Registrar for approval. The owner can start using the Trademark immediately after the application is submitted. The application is then processed and open to objections. In case of no objections, the Trademark Registrar publishes an advertisement in the trademarks journal and after 6 months, the Trademark is registered.
Documents required for filing a Trademark Application in India:
- Trademark or logo copy
- Applicant details like name, address and nationality and for a company: the state of incorporation
- Goods or services to register
- Date of first use of the trademark in India, if used by you prior to applying.
- Power of attorney to be signed by the applicant
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.
Answered on 07 Feb 2019
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