What is a Trademark?
- A trademark is a kind of licensed innovation that concedes its proprietor the exclusive right to utilize the trademark in connection with the merchandise in respect of which the trademark is registered.
- A trademark must be an imprint as a gadget, brand, heading, mark, ticket, name, or a contraction of a name, signature, word, letter, numeral, or any blend thereof.
- Trademarks are utilized to demonstrate to the general public that they are merchandise fabricated or generally managed by a specific individual as recognized from comparable products made or managed by different persons. In this article, we examine the procedure for enlisting a trademark in India.
Steps for Registration of Trademark:
Prior to applying for a trademark, the applicant should search the trademark records registry to determine whether any trademark resembles the mark to be registered. This trademark registration can be conducted online. Once the search is completed and there are no conflicts, the application for registration in the trademark registry can be made in the prescribed form.
- The application for the enlistment of a trademark must contain the imprint to be enrolled, the trademark owner’s data, a list of the merchandise or services for which the trademark enrollment is sought, and the date since when the trademark is used.
- A trademark application should be possible both online and offline. An online trademark application requires a Class III digital signature. Depending on the locale, offline trademark enrollment can be made at one of the Offices of the Trademark Registry.
- Once the trademark enrollment application is made, the Registrar will look amongst the enlisted checks and pending applications to determine whether any such stamps exist in the registry and whether the imprint is register-capable according to the law.
- In the event that the Registrar has any protest to the acknowledgment of the application or proposes to acknowledge the application with conditions, revisions, constraints, and so on., the same is conveyed to the candidate in composing and the candidate has a time of three months to redress their application and impart their stand.
- If the application for enrollment of a trademark has been acknowledged, the Registrar will publicize the trademark in the recommended way in the Trademark Journal to provide outsiders with an open door for resistance.
- The section of a trademark will determine the date of enrollment, the merchandise or services for which it is enrolled, and other particulars. The enlistment of a trademark is legitimate for a long time and is renewable.