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Trade mark registration gives the proprietor the right to exclusive use of the mark in respect of the goods or services covered by it. Possibly the most important reason for registration of a trade mark is the powerful remedies against unauthorised use.
A very important reason for registration is to create the trademark as an identifiable intangible property in the legal sense. Trade mark registration is a value store or receptacle of the value attaching to the reputation or goodwill that the product enjoys.
A trademark standardizes the product and services provided by the business entity in the market. This builds up the value of the brand such that it is easy for a customer or a potential customer to spot the company or brand in the market.
A trademark standardizes the product and services provided by the business entity in the market. This builds up the value of the brand such that it is easy for a customer or a potential customer to spot the company or brand in the market.
A registered trademark can be transferred. The same is not possible for a common law trade mark, which can only be transferred with the business.
Once the trademark is registered the symbol ® or “R” or word “Registered” may be used for the goods and services listed in the registration.
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A trademark search for identical or similar mark may be conducted online on trademark portal. This step is useful to determine that the mark is available or not.
A trademark application is filed for the specification of goods or services for which it is being used or is proposed to be used. Proper class of trademark will be allotted before filing the same according to the business activity of applicant.
The trademark application is examined by the trademarks office within a time slot two to four months from the filing date and have full rights to give objections on absolute grounds (uniqueness, not capable of distinctive goods or services) or relative grounds (similarity with already existing trademark). If no objections are raised, the mark shall directly process for advertisement.
If an examination report is issued by the department then a reply must be file within a month from the receipt. If not filed then trademark would be abandoned. If reply receives by trademark office and convinced with the reply then the application will be advertised in the trademarks journal. But if examiner has further objections then a show cause hearing would be offered to the applicant.
After examination, if the examiner is satisfied with the response then the application is permit to advertise in the trademarks journal. The trademarks journal is hosted weekly on the official website.
Once advertised, the trademark is open for opposition for a period of four months. In case no opposition is received within the time slot, the mark eligible to final registration.
If trademark application is not opposed within 4 months from the date of advertisement in the trademark journal then the application shall proceed to registration. The trademark registry will issue a soft copy of tm registration certificate. The mark is registered for a period of 10 years from the date of filing of the application. The trademark can be renewed from time to time on payment of renewal fees. Each renewal term is for a period of 10 years.
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Trademark means a mark which is capable of being signified clearly and providing uniqueness in goods or services of one person from those of others and may include shape of goods, their packing and color combination. Basically it is everything which classifies a brand to a common buyer.
Trademark registration is not compulsory. Though, without registration no suit can be initiated for infringement of unregistered trademarks.
In future, we can modify the registered trademark as per the trademark act. Section 22 of trademark act deals with this provision, provided any substantial change is not allowed in the character of the mark as such any insignificant feature of the mark is allowed to be amended, if a request filed in the arranged layout.
Once the trademark is registered, it’s valid for 10 years from the application date. After that it can be renewed after paying renewal fees.
Registration of a trademark is a long process and it takes around six to eight months to get the registration complete in a straight-forward case. Though, the trademark acknowledgement receipt having application number with allotted tm class is generally issued within one or two working days after filing.
