Registration Of Trademark In India

It is important to have trademark registrations. A trademark can be a name, word, symbol or device that is used in business or trade to denote a good’s source and to make it stand out from the rest. Service marks, however, differ from trademarks in the fact that the source is a service and not a product. Hence, it is used to identify and distinguish the source of that service.

All or most businesses probably have specific designs and /or logos that are unique to the business or the related products. This “uniqueness” helps in the distinguishing of competitive products in the market. Protecting one’s trademark is very important so that consumers don’t get confused when a different company releases similar products. It also helps to protect the integrity of a business’s and its product’s identity.

Listed below are the various reasons to register your Trademark:

  1. A legal representation of your ownership: This helps to avoid a probably costly dispute due to various kinds of possible disagreements in the future.
  1. Nationwide security of your mark: This insists that the mark makes it possible that you’re the one and only business which uses the aforementioned “mark” with the goods and services that YOU provide in the entire country.
  1. Nationwide recognition of your ownership: This indicates that once the trademark approves it will be published in the USPTO database.  This allows anyone to search on the USPTO website. This, in turn, prevents others from using a similar mark, hence emphasizing your “ownership”.

If you want to Apply for Trademark Registration, you can go with Apply Trademark.

  1. Maximization of damages: Damages are paid to a certain entity (individual or organization) when a federal body recognizes that the aforementioned party’s intellectual property and/ or ideas are being used by some other entity (individual or organization) in an illegal manner. In some cases, statutory damages and/ or treble damages as well as the attorney’s fees provides to the owner of the trademark who possesses a federal registration. These damages, however, might not even be available if the mark is not registered with the USPTO.
  1. Right to sue in federal court: A trademark registers with the federal authority is not required to file a lawsuit regarding trademark infringement. But it does provide the owner of the trademark with a legal right to induce a federal lawsuit. A trademark owner must use different routes to get into federal court or might even have to resort to a state court if he hasn’t registered it with a federal authority beforehand.

Trademark Registrations Procedure

  • Deciding what to trademark: The first and the most important thing is to recognize the unique things in your business or products and shortlisting what can be trademarked. For starters, a logo, in as many as 99% cases as unique as a fingerprint and can hence be trademarked.
  • Making the trademark application: To begin with, you need to fill in the trademark registration form i.e. From-TM1 and attach the required documents. The application will cost you INR 3500 (at the time of writing).
  • Filing the brand name registration application: This step can be done in 2 different ways:
  1. Manual filing:  You need to personally walk down to the office of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad.  You will receive the acknowledgment of the application along with the receipt within 15-20 days of filing.
  2. E-filing: This option is used when performing trademark registrations online. Acknowledgment is issued immediately.
  • Examining the brand name and trademark registrations application: The application will be checked and it will be seen. So it doesn’t conflict or dispute with other registered or pending brands.
  • Publication in the Indian Trademark Journals: After the examination, the logo or brand name is published in the Indian Trade Mark Journal. If anybody fails to raise an opposition within 3 months from the date of publication and the name proceeds to acceptance. A Certificate of Registration under the seal of Trademark Registry will then be issued.

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