In Trademark Registration in Bangalore highly competitive economy, business companies,startups need to know and understand the importance of trademark to grow their business. A trademark is intellectual property that distinguishes between the products or services of a particular business person from other manufacturers. The main goal of a trademark is to protect the interests of not only owners or merchants but also consumers. Assists in the marketing and promotion of trademark products and services and provides information about their quality. It enables an enterprise or organization to acquire trademark rights to use, sell or distribute a registered mark.And you can enjoy all such benefits and introduce your brand to your potential customers with a registered trademark of its name or logo.
Documents required for trademark registration
- Trademark registration in Bangalore requires Name, address and nationality of the applicant. If the applicant is a company, include the country or state with the full address. If there is a partnership concern, then the names of all the partners;
- A list of goods, services that require registration;
- Trademark Entity: Whether the applicant is an individual, start-up or small enterprise;
- Trademark registration in Bangalore-Jeya Nagar needs Soft copy of registered trademark;
- If the application is file claiming the priority of the application previously file in another country, the details of that application are also require while filing the application in India . A a properly record copy of it, must submit to the original Trade Marks Office Fee within two months . If the certificate is not in English, a certify / notarize English translation will require.
- Power of Attorney-Trademark registration in Bangalore needs Document indicated by the applicant’s authorized signatory with clearly specified name .
Procedure steps
Step 1: Trademark Search
Trademark search is the first step in the Trademark registration in Bangalore. A search will conduct to determine the specificity of the mark and similarity with other, pre-existing marks. It is highly advisable to search for a trademark before registering or using it. Without a search, trademark infringement, trademark application rejection and third party challenging the trademark application are likely to be sued.
Step 2: File a trademark application
The second step is filing a trademark registration application after receiving a positive search report. Once the acceptance is receive the applicant will be able to use the symbol applied with the symbol TM. If the application for trademark filed by e-filing system is generate immediately after filing rather than accepting the application with a government receipt. If the application for registration is file manually only after 15-20 days of acceptance.
Step 3: Examine the trademark registration application
The third step in the Trademark registration in Bangalore–Koramagala is to issue the examination report through the trademark office fee. Upon receipt of the trademark application, the registrar reports the examination after examining the application. Applications are examine to ensure that they comply with the requirements of the law and do not conflict with the pre-register entries or that are subject to previous pending applications.
Step 4: Publish the mark in the trademark journal:
The fourth step in the trademark registration in Whitefield process is the publication of the mark in the trademark journal. If the Registrar considers this mark a special mark or after removing the objection if any, the Registrar may publish the application raised in the Trademark Journal. If no objection to the mark is file within 90 days from the date of publication, or if the opponent is requeste to extend the time and the opponent refuses, proceed to accept the registration.
Step 5: Trademark Registration:
The fifth step in the Trademark registration in Bangalore is to issue a certificate of trademark . After the registrar accepts the application for trademark registration, the registrar will issue the applicant a certificate of registration under the seal of the trademark registry.
Benefits of Trademark Registration
A specific trademark that is propose to use may be registered. Registration provides an additional method of acquiring trademark rights (Section 18).
The proprietor of a registered trademark has the exclusive right to use the trademark.
Subject to the provisions of the Act the Register Proprietors are entitle to take action for the violation . In such proceedings the plaintiff relies entirely on registration and does not require the user to argue.
The scope of the violation not limit to the prevention of transactions that would result is fraud under common law.
The law gives the owner of a registered trademark a right that is not available to the owner of an unregistered trademark type of trade. Its benefit that was previously considered unfair.
In all legal proceedings relating to a registered trademark, the fact that a person is registered as its owner.That is the first proof of the original registration .
Subject to certain exceptions mention in section 36, trademark not deem to have been invalidated for any reason. Due to any use after the date of registration of any word included in the trademark .
In some cases extensive advertising by the proprietor of a trademark has resulted in it losing its uniqueness .As far as public concern and could become a popular name for the article.
Need of Trademark Registration
The need to prove the uniqueness in each case as a measure of the misrepresentation. It was based was an evil sought to be remedied by law, which gave the owner of the registered mark the right to the property