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Registration of Ttademark

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Mritunjay Sengar

A trademark is a sign that distinguishes goods/services of one enterprise from another. To register a trademark in India, one must: 1. Conduct a trademark search to check for similar existing marks. 2. File an online application with the Trademark Registry after ensuring the chosen mark is not registered. 3. The application will be examined for discrepancies, which can take 12-18 months, before it is published in the Trademark Journal. 4. After publication and no oppositions within 3-4 months, a registration certificate is issued under the seal of the Trademark Office. The trademark can then be renewed every 10 years.

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TOPIC- Registration of Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademark defined under Section 2 (zb) of the Trade Marks Act, 1999 as, "trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, and numeral, shape of goods, packaging or combination of colors or any such combinations.
Step 1: Trademark Search- TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation. Step 2: Filing Trademark Application- After you are sure that your chosen brand name or logo is not listed in the Trademark Registry India, you can opt for registering the same. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
Step 3: Examination - After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark absolutely, conditionally or object. Step 4: Publication -The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. After 3-4 months from publication there is no opposition.
Step 5: Registration Certificate- Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued. Step 6: Renewal- The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.
There are total 45 classes in which trademark can be registered. I. Class 1- 35 are General Class II. Class 35-45 are Service Class
The registration of Trademark when the application is made by person or proprietor, the purpose of the advertisement is to give opportunity to all the interested person to oppose the registration of trade mark if their trade or other interest are likely to suffer because of the registration of trade mark.
Registration of Ttademark

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Registration of Ttademark

  • 2. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademark defined under Section 2 (zb) of the Trade Marks Act, 1999 as, "trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, and numeral, shape of goods, packaging or combination of colors or any such combinations.
  • 3. Step 1: Trademark Search- TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation. Step 2: Filing Trademark Application- After you are sure that your chosen brand name or logo is not listed in the Trademark Registry India, you can opt for registering the same. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
  • 4. Step 3: Examination - After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark absolutely, conditionally or object. Step 4: Publication -The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. After 3-4 months from publication there is no opposition.
  • 5. Step 5: Registration Certificate- Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued. Step 6: Renewal- The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.
  • 6. There are total 45 classes in which trademark can be registered. I. Class 1- 35 are General Class II. Class 35-45 are Service Class
  • 7. The registration of Trademark when the application is made by person or proprietor, the purpose of the advertisement is to give opportunity to all the interested person to oppose the registration of trade mark if their trade or other interest are likely to suffer because of the registration of trade mark.