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What Is A Trademark Registration Process?

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What Is A Trademark Registration Process

In order to get trademark rights, a trademark must be registered. It’s crucial to establish your trademark since it stops everyone else from duplicating it and using it to mislead other items. Trademarks let people recognize a brand and its worth in a single glance, such as Nike’s tick sign emblem or Puma’s jumping wildcat logo.

With Legalmart, one can easily get to know the entire registration procedure to be carried on for registering a trademark.

Trademarks, whereas patents, do not even have a predetermined period of protection. Unlike patents, which lapse after twenty years, trademark registrations expire every 10 years, however, unlike patents, trademarks can be extended for the next ten years. This procedure can be repeated endlessly, which means that as long as you maintain updating the trademark, it would not lapse and would be protected underneath the Act.

The Trademark Registration Process is well explained below:

Brand Name Trademarking:

  • By trademarking the brand, you’re safeguarding the brand, its image, and your concepts, most of which you’ve surely put a lot of time, money, and emotions into developing. And, whereas the trademarking procedure might take a while in all sectors, nothing would be even worse than failing to defend your brand and possibly being sued by a larger company for infringement.

Trademark Registry:

  • The trademark register was founded in 1940, followed by the Trademark Act of 1999. The trademark registration currently represents the Act’s operational or operational body. It’s also possible to say that they’re functioning together. The trademark registration, as a working entity, is responsible for enforcing all of India’s trademark laws and regulations.

Application:

  • Once the trademark gets officially established, the individual whose identity is included as the appellant on the Brand Registration application would be recognized as the holder of the trademark. Any person, corporation, or limited liability partnership (LLP) can become an applicant to submit a trademark registration request.

Choosing The Mark:

  • Ensure to select a distinct and different mark to identify your organization. Another crucial aspect is determining which category you belong to. Currently, the trademark could be issued in 45 different types of products and services. Goods are classified in classes 1 to 34, while services are classified in classes 35 to 45.
    • Mark search: It’s a good idea to run a search after you’ve decided on a mark to see whether it’s comparable to the one that’s already been registered. You could do this manually by visiting the Controller General of Patents, Drawings, and Trademarks’ web page. There is an opportunity to conduct a public inquiry on the website. Once you’ve selected this option, you’ll need to select your class and conduct a search of the online catalogue. The other alternative is to hire legal counsel, which, while more expensive, is the safer option. The total amount of legal assistance would be reduced if your trademark is disputed. They would not only conduct the search but will also assist you throughout the process.
    • Filing Application: You get two options when submitting a trademark registration.
    • Submit a trademark application under the “one” class. Such that, the trademark would only be protected for the category that you specify. Under this case, one must fill out the TM-1 form. The registration fee under application TM-1 is rupees 3,500.
    • Some other alternative is to acquire a trademark for many categories or series, or a collaborative trademark. To accomplish that, you’ll need to fill out Form TM-A. This application lets you establish a trademark in more than one class.

Online Registration:

  • This is simply the quickest and most effective technique for any beginner to obtain a memorable, trendy, and intriguing company name. Choosing a weird and quirky brand name is a smart option because most conventional names are already in use. Furthermore, deciding on a name necessitates a quick research procedure to verify that you are not selecting a brand name that is already in use. The best aspect is that you may develop a distinctive brand name for yourself by invest or coining some words from a combination of generic phrases.
  • The two methods for submitting the registration include manually filing and e-filing. If you select ‘manual filing,’ you must physically transport and submit your registration applications to the Registrar Office of Trade Marks in leading Indian urban centres. After then, you must wait at least 15 to 20 days to obtain the confirmation of receipt. However, if you use an e-filing method, you would obtain your receipt of acceptance on the government website very immediately.

Final Words:

You would be given an allocation code once you have got notification of the application’s submission. With this allocation code, you could track the status of your application online. This would take time; provided there are no issues with the file, you should find out if your request has been approved or denied in 18-24 months. This might also take much longer if there really is an issue.

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2022
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Monday, 04th July 2022
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