There is nothing more joyous for an entrepreneur or a regular business person than to give a formal shape and structure to his/her creative pursuits through their start-up venture or registration of their trademark.
How does the industry define a trademark, let’s check it out-
A trademark is a visual symbol which may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colors used, or services, or other articles of commerce to distinguish it from other similar goods or service originating from another. A trademark provides legal right of exclusivity for use of the mark to the owner of the trademark.
Since the Trademark Registration in India is a long drawn process involving multiple steps, it is highly recommended for entrepreneurs and businesses to seek in the assistance of a service provider or an agent for the entire process. Not only will this save them the hassle of administrative bureaucracy, the service provider’s expertise & connectivity into the government circles will fasten the entire registration process.
Your virtual accountant at Kanakkupillai is a robust choice for this work – With 20 offices, 10+ plus years of industry experience, competitive & economical costs; we have a team of professional specialists who will register your trademarks in the lowest possible turnaround time.
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Meanwhile, to bring you abreast with the trademark registration process in India – let’s understand the crucial steps involved –
Avoid duplicity via a Trademark Search – First things first; a trademark professional must conduct an extensive search about identical or similar trademark that has already been filed with the trademark registry.
The service provider will search trademark databases, commercial and marketplace resources, typically designed to determine whether a particular trademark is available for use without risk of infringement of the rights of a prior user or registrant.
- Filing your Trademark– Once the service provider gives a green signal on its availability at the Registry; they will file the application for trademark registration with the Trademark Registrar.
However, the request for the registration needs to be done in the prescribed form. Three completed copies of the form are submitted along with ten additional representations of the trademark. The representation of the trademark must contain a clear reproduction of the sign.
Following information needs to be a part of this form-
- The class of goods for which the mark is sought should be specified;
- Definition of goods;
- Details of the applicant including name, age, occupation, address, and nationality;
- Whether the trademark is in use or is proposed to be used.
Application allotment number & Examination of Trademark– The Trademark Officer reviews the trademark application for correctness and issue a trademark examination report. A trademark application allotment number is provided within one or two working days.
The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.
Trademark Publication – Once accepted, the Trademark proceeds for publication in the Trademark Journal.
The advertisement includes following details of the acceptance-
- Representation of the mark,
- Date of filing,
- Particulars of applicant,
- Conditions or limitations, if any.
Opposition has to be done within three months of the date of the advertisement. Opposition must be in the prescribed form, in triplicate, and with the prescribed fee.
Trademark Registration– Finally the D-Day arrives!
Once all clearances have been met, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or trademark.
The registered trademark continues to enjoy all the rights which vest in an unregistered trademark. The only difference now being that by registration – the proprietor of an unregistered trademark is converted into proprietor of the registered trademark.
The Kanakkupillai team will be more than happy to receive your thoughts on the above read. Or simply help you with a related situation that you may deem fit to share with us. Leave a reply below or write into us at firstname.lastname@example.org
Until then “Keep reading & keep trending” 🙂