Trademark is a kind of intellectual property. The trademark registration is done to protect the brand name and the logo being utilized by the competitors. Thus protection for the trademark is ensured only when the trademark is registered. The Indian trademark law protects the trademark as per Trademark Act 1999. The trademark registration remains as company’s asset and it will be unique. This will help in ameliorating the trust, quality, safety and goodwill of the company. The owner of the trademark has vested in the legal rights that no one can copy or imitate. Thus infringement is not possible.
Importance of trademark
- A trademark filed and registered in India has the permission to file in other countries as well through MADRID protocol.
- The registered trademark acts as incorporeal asset that can be traded and commercially contracted.
- Exclusive rights can be given to the registered trademark.
- It is helpful in distinguishing the products and the services.
- In this internet age the brand name of the social media is to attract more viewers.
Documents required for Trademark registration
- Copies of logo
- PAN card
- Aadhaar card
- Address proof
- Signed Form -48
- Certificate of Incorporation.
Procedure to register
Step1: Trademark search & documentation
An application is field for reserving the logo or brand and receiving the documents for further verification.
Step 2: Draft form
On receipt of the application the CRC can either reject or accept the application.
Step 3: Form 48 and TM-1
Form 48 and TM-1 will be prepared for the approval of the trademark application.
Step 4: Registration filing
When the applicant has paid the required amount, trademark filing is completed with trademark registry.
Step 5: confirmation alert
The status of the application of the trademark application will be updated periodically. If there arise any objection reply must be submitted within 30 days.
The trademark registration application can be objected after the examination is complete. If the trademark application is in incorrect form, incorrect applicant name, incorrect address, similar trademark exists etc. The trademark registrar expects perfect explanation or a valid reason about the mark.
The steps are given below to check the registration status.
- Step1: Access ipindia website
- Step 2: Select the national or NRDI number
- Step 3: Provide the Trademark application number
- Step 4: View the trademark application information
Usually the trademark registration is long process. It takes 18-24 months to get the trademark registration without any objections or oppositions. But, the trademark application number is issues within 2 days after the filing.
When the examiner reviews the trademark it will be published in the Trademark journal. The purpose of the publication is to enable the third party to view the trademark and file opposition for registering the trademark. Thus this aspect paves the way for any of the competitors or the third-parties to oppose the registration of the trademark.
The third party should file trademark opposition within 3 months from the date of publication of the trademark.
Trademark search refers to the action that is taken for the purpose of determining if the trademark is used earlier. This strategy will see to the nature of mark, nature of goods/services, timeline to bring the mark to the commerce.
The trademark watch service provides the way to have close watch at each of trademark registration process. It makes the client not to miss out any important stage that can affect the registration of trademark.
Yes. The trademark can be used without registration. It is called unregistered trademark. Please note the trademark should not be identical or similar to the existing trademarks.