Trademark is a mark, logo, symbol or name that is capable of distinguishing the goods and services of one person from another. Basically, trademark refers to anything which lets customers easily identify with one’s business.
A trademark/patent can be registered provided it is distinctive for the goods and services one tends to provide. Proposed trademarks that bear any resemblance to existing trademarks/logo/patents cannot be registered just like the trademarks that are offensive, generic, and deceptive or contain anything resembling national emblems and symbols. Trademarks in India are to be specifically registered under the Trademarks Act, 1999 that provides the crucial right to owner of trademark to file law suits for recovering damages in case infringement of such trademark/logo happens.
Authorizing a lawyer or attorney to act as your agent in the entire registration process is certainly the first thing that person desirous of legalizing his trademarks/logo/patents should do. Such lawyer/attorney would undertake a serious search with the Trademark Office in order to find out if there are any already registered trademarks that bear any kind of resemblance to the trademarks you are planning to register. Such research is generally conducted in two ways i.e. through Online and offline modes.
After being sure of the authenticity of trademark/logo/patent, lawyer would then draft an application for trademark registration that needs to be filled with the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademark can be registered in the name of an individual, company or body corporate to which the trademark relates to. The application for trademark registration should be made on form no TM-1.
There are in total 45 classes for goods and services which can be registered under the Trademarks Act, while Class 1-35 relates to physical goods/products, the remaining 10 classes contain list of services that can registered.
The attorney would send his client an original representation sheet after the registration application has been duly filed by him with concerned trademark office. The Trademark office generally takes around 18-24 months in order to come to the conclusion of whether a particular trademark/logo should be registered or not. Such period can extend to indefinite time in case trademark office puts any objection on the application for registration.
In case you’ve been lucky and your application gets through the tedious process of trademark approval, the specific trademark/logo shall be published in the official trademark journal of India, thereby authenticating its unique and distinguished existence.
Trade mark registration per class including government fee.
Trade mark registration per class including government fee with MSME/SSI registration.
Trade mark registration per class including government fee with MSME/SSI registration, service tax registration.
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