In the present competitive world, safeguarding of business idea through registration of IP rights ensures accomplishing milestones thereby building a strong relationship with the customers through its brand name. The trademarks registration in India is not compulsory but quiet essential looking into the present dynamic and evolving market.
Benefits of Registration
With the time and effort invested in establishing the business, entrepreneurs are at risk if their innovation is not well protected. It is an intangible asset to the business as it encourages investors to invest their capital on the company. It also helps to preserve a trademark for generations so that people associate good quality of the product with this particular brand name. Further, it ensures protection from other competitors as they cannot use or associate with similar marks or logos.
Documents required for filing a Trademark Application:
- Copy of trademark/logo along with list of goods/services that require registration
- Name of the applicant along with the name of the company, place of business in India and state of incorporation
- Power of Attorney signed by the applicant
- Priority Claim, if any
Procedure Involved for a successful registration
Registering a trademark (TM) or service mark involves an intricate process, best handled by experts. The delicate procedure must be handled with precision and in a manner concurrent to the IP laws of the country. The IP attorneys conduct both online and offline searches to find out any similar logo or business name existing in the market. Conducting a survey assures certainty in getting trademark thereby easing the registration process.
- A TM application (Form TM-A ) is to be filed with the Registry along with the prescribed fees for individual/start up/small enterprise. E-filing is also acceptable by the Registry. It is acknowledged with an official receipt mentioning the date of filing and number. The application is thoroughly examined by the TM Office to establish any similarity with the existing marks. If an objection is raised, an official examination report is issued to the applicant clearly listing the objections.
- The applicant must respond to these objections by submitting a written response along with adequate evidence of the claimed distinctiveness. Also, an interview/hearing can be arranged with the examiner to sort out the matter. If need be, the Registrar may ask the applicant to file an affidavit to such user with exhibits depicting the marks as used.
- After examination, if convinced, Letter of Acceptance is issued. The same is then published in the Trade Marks Journal. If there are no oppositions within four months from the date of advertisement in the Journal, the TM registration certificate is issued.
- The TM application generally takes around 18 to 24 months to process and obtain registration with no objections or oppositions. However, once the TM application is filed, an application number is allotted immediately and the priority starts from the date of application.TM registration is valid for a period of ten years from the date of application after which it can renewed every ten years by submitting request through form TM-R along with the requisite fees.
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