Trademark is an Intellectual Property of a business. It is a visual representation in various form like name, label, device, numeric character etc. Once a trademark of particular goods is registered it becomes untouchable.
In India, the trademark gets registered by the controller General Patent Design Trademarks, Ministry of Commerce and Industry, Government of India.
Step 1 – To Search the Unique trademark
There are tons of trademark in the market. so, the applicant must be careful at the time of choosing the trademark. Every businessman must do a public search, so it will be helpful to find out whether the same type of trademark exists in the market or not. A trademark search helps to find out details of all type of trademark whether the trademark registered or not.
Step-2 To file an application
Trademark registration can be done through single class or multi-class depends upon the goods and services of the business. It can be done online or offline method. The name of the Application form is TMA which can be filed by using official IP India or physically in Trademark offices.
Multiple documents relating with complete details of the trademark. If an applicant is claiming for identical use of trademark then an affidavit has to be filed against it.
Step-3 Examination of trademark
Examination of a trademark is done by the trademark Authority and should produce a mandatory examination report according to guidelines of the Trade Marks Act 2016. the report should be issued within 30 days after filing registration.
Step-4 Post Examination
Examiner may appoint the hearing after filing reply. If an objection is not raised then it will be published in the journals but if objection arises then it would be rejected.
Step 5 Trademark Advertisement
After acceptance of the trademark, A trademark is published in the journal for 4 months. It is done because it gives the chance to the general public for the objection relating with mark.
Step 6- opposition from the general Public
Any person can file a notice against the registration of a trademark. If any objection arises then notice of oppose has to be filed TMO within 4 months of mark’s publication. In case of objection, proper law has followed like counter statement application etc.
Step-7 Registration of a trademark
After all the procedure, auto-generated registration is issued within 1 week. After registration, it is valid for 10 years after that it would be renewed within the prescribed time.
Document required in an individual and sole proprietorship
1. Copy of logo, ideally black and white (optional). If the logo is not provided
2. Duly signed form-48
3. Copy of identity proof of Individual like passport, aadhar card, PAN card
4. Copy of address proof of the individual applicant like electricity bill, phone bill
Document required in partnership/LLP
1. Registration fees for trademark
2. Small enterprise is required to have a Udyog certificate
Document required for other applicants in trademark registration
1. scanned copy of the logo
2. Duly signed 48
3. Partnership Deed certificate
4. Copy identity of identity proof
5. Copy of address proof
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