Get a Quote

Procedure of Trademark Registration In India

Investing your time and money to build a particular brand and seeing the equal brand name being used by another, robbing you of your hard-earned brand reputation is not an agreeable state of affairs. Many a time, trademark (TM) owners turn out to be in protracted litigation because whilst the time became right, they did not do procedure trademark registration in India of their brand name. Trademark registration procedure of the brand name is not a difficult task. A few simple steps, as explained beneath and you would have the much-needed legal safety of your trademark registration in India.

Step 1: Trademark Search

Many marketers do now not realize the significance of a trademark search. Having a unique trade name in mind isn’t good enough cause to keep away from a trademark search. Therefore, trademark search lets you recognize if there are similar trademarks available and it offers you a fair photo of where your trademark stands, sometimes, it also gives you a forewarning of the opportunity of trademark litigation. Why waste your cash in time-eating trademark litigation later when you may pick out to keep away from it inside the first place?

Step 2: Filing Trademark Application in India

After you are positive that your chosen brand name or logo isn’t always listed in the Trademark Registry India, you may opt for registering the same. The first step is to document a trademark application form on the Trademark Office, India. The Indian trademark places of work are placed at Chennai, Delhi, Mumbai, Kolkatta. Nowadays, filing is frequently carried out online. Once the application is filed, an reliable receipt is straight away issued for destiny reference. Further, you may see the trademark fame of your application right away online.

Step 3: TM Examination

After a trademark application is filed, it is examined by way of the examiner for any discrepancies. The exam would possibly take around 1-2 months. The examiner may take delivery of the trademark absolutely, conditionally, or object.

If ordinary unconditionally, the trademark gets published inside the Trademark Journal. If no longer well-known unconditionally, the conditions to be fulfilled or the objections would be referred to inside the examination document and a month’s time might be given to meet the situations or response to the objections.

Once this sort of response is commonplace, the trademark is published within the Trademark Journal. If the response isn’t normal, it is easy to request a hearing. If in the hearing, the examiner feels that the trademark need to be allowed trademark registration, it proceeds for publication in the Trademark Journal.

Step 4: TM Publication

The step of publication is incorporated in the trademark registration procedure so that all and sundry who objects to the registering of the trademark has the opportunity to oppose the same. If, after 4 months from booklet there may be no opposition, the trademark proceeds for registration. In case there’s opposition; there’s a honest hearing to do and a choice is given via the Registrar.

Step 5: Registration Certificate

Once the trademark application proceeds for trademark registration, following guide in Trademark Journal, a registration certificate underneath the seal of the Trademark Office is issued.

Step 6: Trademark Renewal

The trademark may be renewed always after every 10 years. Hence, your  brand name or logo registration can be blanketed continually.

As seen inside the above, the trademark registration system does not require an awful lot effort. It is a simple method but one which is though very crucial for brand name registration. We, at Solubilis, let you with the entire procedure of trademark registration with out you disturbing about time limits and responses. Hence, recognize the power of your trademark registration and take steps in shielding it today.

Registered Trademark

A “registered trademark” confers a package deal of extraordinary rights upon the registered owner, inclusive of the proper to distinctive use of the mark in relation to the goods or services. Registration of a trademark is not a mandatory requirement in India. A trademark is registered for a length of 10 years and is challenge to renewal. The Trademarks Act 1999 governs the whole procedure of trademark registration. Registration is needed for the subsequent reasons:

-It identifies the starting place of goods and services;

-Advertises items and services;

-Guards the economic goodwill of a trader; and

-Protects the harmless public from buying the second charge of excellent items.

The Trademarks Act also gives positive incentives for registration through its diverse provisions. Chapter 4 of the Trademarks Act deals with the procedure of trademark Registration. Section 27 of the act affords that no action for infringement can be taken for an unregistered trademark. But for a registered trademark, a movement for infringement lies wherein the aggrieved can be sought civil and criminal reliefs. Moreover, section 28 of the act confers sure advantages on trademark registration. Registration of a trademark gives to the registered owner of the trademark the different right to the usage of the trademark in relation to the products or services. Further, the registered trademark can attain comfort in admire of infringement of the trademark in the way supplied by using the Act. Section 31 of the act permits trademark registration to be a prima facie proof of validity.

Benefits of Registered Trademarks:

To sum up, registration offers a monopoly proper to the mark in a specific territory. It allows the owner of a registered trademark to prevent unauthorized use of his mark in terms of merchandise or services. The check is constantly whether or not a patron of the products or services can be pressured as to the identification of the supply or origin. The infringement of registered trademarks can lead to legal fits and the burden of evidence of the plaintiff is eased due to registration.

Unregistered Trademarks:

An “unregistered trademark” is one that doesn’t possess felony benefits. But in a few cases, an unregistered trademark may additionally get commonplace law benefits. Unregistered marks are defined as marks that are not registered when it comes to goods or services (which are names, marks or logos used when it comes to a enterprise) beneath the Trademark Act. Though underneath section 27 no motion for infringement is allowed for unregistered trademarks, it may nevertheless be protected with the aid of manner of common regulation tort of passing off. To achieve such an motion, it’s miles necessary to set up that an unregistered mark has comparable goodwill or recognition in reference to the product, service or commercial enterprise with which it is used.

Thus, the proprietor of an unregistered trademark may be capable to save you use by some other third party of an infringing mark pursuant to the commonplace law tort of passing off. The motion against passing off is primarily based on the principle that ‘a person may additionally not promote his own items below the pretense that they are the products of any other man’. Passing off is a species of unfair trade opposition by way of which one character seeks to benefit from the popularity of some other in a selected alternate or enterprise. There are certain crucial substances of passing-off motion.

-The plaintiff has to show that there’s a similarity within the trade names;

-The defendant is deceptively passing off his goods as the ones of the plaintiff;

-There is sure to be confusion inside the minds of the customers.

-The take a look at to be carried out in such matters is as to whether a person of average intelligence and of imperfect recollection could be burdened.

We “Solubilis Corporate Services” are the leading Trademark attorney, Patent attorney, Company Secretary in Chennai, Bangalore, Hyderabad, Cochin, Coimbatore, Madurai, Salem, Tirupur and Trichy. We provide Free trademark Search in Chennai and all the other towns in India. Hope you all find this article helpful. Thanks for reading!!!