INDIA
According to Section 2(zb) of the Indian Trademarks Act of 1999, a trademark is a distinguishing mark that sets goods or services apart from those of rival companies in the market. It includes a wide range of components, including designs, emotions, symbols, and any distinguishable characteristic associated with a particular brand. It is noteworthy that trademarks are obtainable by a wide range of organisations and individuals due to their openness for ownership by individuals, corporations, or legal entities.
Application
Anybody claiming to be the trademark’s owner or intending to use it in the future may submit a written application for the trademark’s registration in the prescribed format to the relevant registrar. The name of the goods, the mark, the services, the type of goods and services that they fall under, the applicant’s name and address, and the length of time the mark will be used must all be included in the application. In this context, “person” refers to any individual, group of individuals, partnership firm, business, trust, state government, or federal government.
Procedure
- Don't forget to select a special mark that will symbolize your business. The identification of your class membership is the other crucial element. The trademark can now be registered under 45 classifications of products and services. Classes 35 through 45 are for services, whereas classes 1 through 34 are for products.
- A lot of business owners don't realize how important a trademark search is. A distinctive brand name in mind is insufficient justification for forgoing a trademark search.
- Thus, a trademark search helps you determine whether any identical trademarks are accessible and provides you with an accurate assessment of the status of your trademark; occasionally, it also alerts you to the potential for trademark litigation.
- You can use the national trademark database online to find an entirely unique trademark.
- You might choose to register your selected brand name or logo once you are certain that it is not included in the Trademark Registry India.
- The first step is to submit an online trademark application and the required payments. Registration can be completed by an attorney, agent, or proprietor/applicant.
- The trademark offices for India are situated in Delhi, Mumbai, Kolkata, and Chennai. These days, most paperwork is done online.
- An official receipt is promptly supplied for future reference upon filing of the application. Additionally, you can immediately check the trademark status of your application online.
- The stage of publishing is included in the trademark registration process to give anyone who is against the brand being registered the chance to object.
- The trademark moves on with registration if, three months after publication, there is no opposition. If there is disagreement, a fair hearing is held, and the Registrar renders a determination.
- A registration certificate with the trademark office's seal is granted if the application for trademark registration is approved and published in the Trademark Journal.
- The duration of the process is between 18 to 24 months.
- The trademark is good for ten years from the certificate's issuance date. If the required fees are paid, it can be extended for an additional ten years. As a result, you can register your logo or brand name and enjoy permanent protection.
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