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Process of Applying for Trademark Registration in India

Process of Applying for Trademark Registration in India

Developing a brand needs persistent effort and dedication. It is tough to create the products or services set out in today’s competitive industry. To assure the company’s success, one should give the service or product a unique brand.

If a firm or individual wishes to own the entire mark plus protect it against third-party violation, trademark registration in India is essential. When a trademark is registered, it gives the owner the lawful ability to sue a third party for infringement. The owner of a trademark has the right to use this for his products and/or services after it has been registered. If indeed the trademark registration process goes successfully, the owner will be able to utilise the symbol that denotes that a trademark is registered. The symbol denotes the filing of an application for trademark registration in India. 

Benefits of Trademark Registration

When a brand becomes well-known, trademark registration offers numerous advantages. The work will help to safeguard a trademark for future generations and build a distinct identity that connects consumers to a specific brand. It allows one to establish the ownership of a trademarked word, logo, sound, picture, or even a colour combination. It safeguards the “brand” by preventing other firms in the area from registering similar names. This is an intangible asset to the firm that increases investor faith in the business.

The Procedure for Trademark Registration

Spending time and money to establish a brand only to have the same brand name utilised by someone else, depriving one of their hard-earned brand reputations, is not pleasant. Several trademark (TM) owners find themselves in patent infringement lawsuits since they did not register their brand name as a trademark in India once the time came. You’ll obtain a very needed legal protection of the brand name registration in India in just a few simple steps, as outlined below.

Step 1: Conduct a trademark search

Several business owners are unaware of the significance of a trademark search. It isn’t enough to have a distinct identity name to prevent a TM search. A trademark search may tell you whether there are any comparable trademarks out there that can give you a good idea as to where it stands. This can give you a heads up on the risk of trademark litigation. Why squander money later on trademark litigation which takes a lot of time when you could avoid this in the first place?

Step 2: Apply for a trademark

You could register your selected brand name or logo after ensuring that it is not already registered with the Trademark Registry of India. The first step is to apply for a trademark with the Trademark Registry of India. Currently, most filing is carried out online. Following the submission of the application, a formal receipt is supplied for future reference.

Step 3: Examination

The examiner examines a trademark application once it is filed for any irregularities. The examination may take anything from twelve to eighteen months. The trademark may be accepted unconditionally, conditionally, or as an object by the examiner.

The trademark is registered in the Trademark Journal if it has been unconditionally accepted. If it is not unconditionally accepted, the requirements to be met or the objections raised will be listed in the examination report, with a month to meet the conditions or respond to the objections. The trademark is then registered in the Trademark Journal if the reply is approved. A hearing could be requested if it is not approved. If the examiner decides at the hearing that perhaps the trademark must be authorised to register, it is sent to the Trademark Journal for publication.

Step 4: Publication

The stage of publishing is included in the trademark registration process because anyone who opposes the trademark being registered can object. When no objection is filed within 3-4 months of publication, it will be registered. If there is any disagreement, the Registrar holds a fair hearing and then makes a decision.

Step 5: Registration Certificate

Upon publication in the Trademark Journal, the claim for trademark registration is processed, and a registration certificate bearing the Trademark Office’s seal is granted.

Step 6: Renewal

After every 10 years, the trademark could also be revived indefinitely. As a result, you’ll register the emblem or brand and defend it indefinitely.

Conclusion

A registered trademark is a piece of intellectual property which protects a company’s items or services from third-party misuse. A trademark must boost the perceived value of the products and services whilst still establishing brand awareness.

You could boost your entire business value, reputation, goodwill, and net worth throughout the business by registering a trademark in India.

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