Trademark Registration in India, the laws and regulations relating to trademarks are governed by the Trademarks Act, 1999 as amended from time to time. A trademark represents and distinguishes a person’s goods and/or services from others and may include the shape, packaging, etc. of goods.
What is Trademark?
A “trademark” can be a device, name, signature, word, numeric packaging or a combination of colors and shades. Section 7 of the Trademark Act, 1999 provides for the classification of goods and services in accordance with the International Classification of Trademarks Registration. In accordance with the terms stated, the trademark registry refers to the NICE taxonomy, which can be accessed here. To get trademark protection, it is very necessary to have a trademark registration in Bangalore. It is not mandatory to register a trademark, but it is highly recommending as it prevents others from copying your mark and misrepresenting other products with your mark.
Trademarks help customers distinguish one brand from another and identify brand and brand value at a single glance, such as the Tick Sign logo for Nike or the Jumping Wildcat for Puma. Trademark registration in Chennai is permanent. Unlike patents, trademarks do not have a clearly defined limit period. When the patent expires in 20 years, the trademark registration expires 10 years after registration but can be renewed for another 10 years. This process will be done indefinitely, i.e. until the trademark is restoring; it does not expire and continues under the protection of the law.
The Documents Required For Trademark Registration
- Copy of logo, preferably in black & white. If the logo is not provided, a trademark application for the term has to fil.
- Trademark registration in Bangalore needs Signed Form-48. Form-48 is the power of attorney from the applicant to the trademark attorney to file the trademark application on his / her behalf.
- Proof of identity of the person or employer.
- Trademark registration in Mysore, Bangalore needs proof of address person or employer
- Logo copy (optional)
- Signed Form-48.
- Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Proof of identity of signature.
- Proof of address of signature.
Process of Trademark Registration
- The first thing to remember during the registration process is to choose a unique and distinctive mark that represents your company. The next step is to identify the class to which the mark belongs. And there are 45 classes of goods and services in which the trademark can be registered. Grades 1-34 for goods and classes 35-45 are for services.
- Secondly, after selecting a trademark, it is necessary for trademark registration in Whitefield to perform a trademark search to verify that the selected mark corresponds to an existing and registered trademark.
- Our trademark agent or attorney conducts due diligence and availability searches to verify that there are already similar trademarks under the appropriate class and (or related class) in the Indian Trademark Registry, thereby verifying that this mark register under the Trademark Act.
- Then, It takes one or two working days to provide a trademark application assignment number. Even, the applicant can attach the “TM” symbol next to the mark.
- The Registrar of Trademarks applies the Vienna taxonomy to the symbol based on its rhetorical elements.
- Trademarks registered by the Registry are publishing in the Trademark Journal, which publishes the Trademark Registry once a week. This publication gives the public the opportunity to oppose trademark registration in Kerala within a period of 4 months. For more details on Trademark Opposition, please visit (Trademark Opposition Page).
- After filing/registering your trademark application at the Indian Trademark Office, the trademark examiner will review and approve the trademark application. Once the trademark is approved, it is register and using along with the mark, indicating that the trademark.
Benefits of Trademark Registration
- If someone else infringes on your trademark, it is much easier to move forward against them if you have a trademark. As an entrepreneur, the time spent investing in registering your trademark and the return on investment (ROI) is very large, so there is no difficulty in establishing your trademark in court if a dispute arises.
- You need to register in India through trademark registration in Bangalore before registering the trademark in other countries.
- Nationwide priority benefit
- Involuntary purpose
- Automatic right to sue
- Ability to recoup money benefit
- Use of the symbol utility
- Prevents others from using your trademark advantage