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TRADEMARK REGISTRATION IN INDIA

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Trademark registration in India

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur. Any person claiming to be the owner of the trademark used or proposed to be used can apply for trademark registration. The person can be an individual, company, NGO, etc.

What can be Trademarked?

Any word, name, device, label, numerals or a combination of colors that can be represented graphically (in a paper) can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.

TRADEMARK VALIDITY PERIOD

A trademark is valid for a period of ten (10) years at a time.The trademark owner reserves the right to file for renewal prior to expiry of the trademark rights to keep the trademark registration current.

Class of Trademark

Trademark Registrations are done for a definite  category of goods or services.These categories are termed as Class of trademark. These are standard categories and registration in one particular class gives protection to the goods for that class only. There are 45 classes that have been specified by the Department.

How long it will take to register a trademark?

Trademark application can be filed with the trademark registry in a matter of days. However, it will typically take 18 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

 

When can I use ™ mark?

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When can I use then ® mark?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

 

Can I sell or transfer a registered trademark?

A registered trademark is an intellectual property, which can be sold, transferred, gifted, franchised, etc., Trademark registration gives the owner of the trademark ownership over the trademark and any person wishing to use the trademark must obtain the registered trademark owners consent.

 

Common reasons for reasons for rejection of a trademark:

A trademark application can be rejected due to many reasons,including the following:

  • When a trademark application resembles or closely resembles to an existing registered trademark or trademark for which application for registration has been made
  • When a trademark application gives an undue impression patronage or creates confusion
  • When a trademark application consists of Geographical names, common names, common trade words and common abbreviation

 

What is to be done if the Trademark application is objected by the Department?

If the Trademark application is objected by the department, they would publish an examination report on their website.Usually 15 days time is given to the applicant to revert to this by way of an official intimation. After going through this reply,the Department takes the decision whether a hearing would be required for this. If they are satisfied with the reply, they would take the application forward.

Also Read: Advantages of Trademark Registration

In case of any query, feel free to ask them.

 

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