A trademark is a mark / symbol in the form of a combination of words, names, logos, devices, labels, numbers or colors that individualizes the goods / services of a business organization and distinguishes it from the goods / services of its competitors. A trademark is a branch of intellectual property rights that identifies the brand owner of a particular product or service. The brand owner can be an individual, a firm, a business organization or any legal entity.
Trademark rights are acquire by sign / symbol registration. There is no legal requirement that marks be register. However, trademark registration provides an identity to your goods / services by protecting the uniqueness of your business name or logo. Registered trademarks can be sold, licensed, or assigned like other types of assets. Trademark registration in Bangalore may alter the final outcome of a legal dispute over a claimed infringement or use of a sign that is similar to confusion in your sign.
The Comptroller General of Patent Designs and Trademarks in India regulates trademark registration in Hyderabad and registered trademarks. Both business and non-professionals can use the trade online trademark search database and non-professionals to search for trademarks.
The Trademark Database contains all trademark applications submitted to the Trademark Registrar in India, including all registered, applicable, objectionable and expiring trademarks. Trademark search will give the user an understanding of valuable information related to the trademark search query.
Before filing a trademark application, the trademark search must have the potential with the existing trademark application and also the registered trademark. The trademark can search by providing the word mark and the class under which the investigation is conduct. A trademark application in Kerala is create under 45 different categories according to Nice’s classification for trademarks. Each trademark class represents a different set of goods and services. To find a trademark class for a particular goods or services, one must use trademark class finder tools.
Searching for an online trademark will provide registered brand name / trademark name information, which may be (phonically) identical to your trademark. A list of prohibit marks is provide so that one can check whether the brand name or trademark is under such prohibit characters. Under the Vienna Code classification, if the brand name has a logo, then the trademark search gives you information and details of similar brand names.
Under the Trademark Act, it is necessary to search for the trademark or brand mark logo of the applicants for registration. If the same trademark exists in the trademark registry, the name may changed, or a person can choose a new name. If a similar trademark exists, then the newly apply trademark should replace, or a new name can be chosen. Otherwise the brand name is unique, then one can proceed to register the brand name. It is always advisable to search for a trademark before filing a trademark application for trademark registration.
Trademark registration services
Requirements for trademark registration in Bangalore:
- The power of attorney allows the attorney to apply to the trademark agent in the name of owner and all related matters.
- Applicant’s e-mail ID and contact number
- If necessary, the user affidavit is properly notarize and sign.
- Small Enterprise / Company: MSME Certificate
The registration process in India is based on a ‘file to file’ system. It is therefore important that the right holder applies for registration as early as possible. The various steps involved in the registration process in India are as follows:
Step I: Design / Logo / Mark / Wordmark
Step II: Class selection
Trademarks give you the right to sell under a specific brand name in a specific area of the economy. In total, there are about 45 fields and each field is name as a class. Goods and services are classified into 45 different categories by the Trademark Registry. Each logo or brand name must register under the appropriate category.
Step III: Trademark Search
Before applying for registration, it is prudent to inspect the already registered trademark to ensure that the registration cannot be denied considering the similarity of the existing or restricted indicator mark.
Step IV: Application for trademark in fixed form TM-A
Once the application is file, the applicant receives an application number, through which he can check the status of the applicable trademark. One needs to check. There are different types of conditions as follows:
Check Formality Check Pass / Fail: Once the form is fill, it goes through all the basic formalities such as the require documents attach to the goods and services and other require documents. Formality check fails if any discrepancy will find at the initial level.
Marked / Sent for Examination: Once the formalities verification will complete, the form is forwarded for further examination.
Objection: After applying the trademark, if the examiner finds any discrepancies, he may object to your / 9 and 11. It needs an answer for satisfaction as to why the objection should not be raised.
Accepted and Advertised: Once the department accepts the form TM-A and there is no discrepancy.Then the mark is advertise and accepted.
Opposition: After the announcement, if someone thinks it looks like their registered mark, they can write a counter application to the examiner which leads to a hearing.
Withdrawal: If an applicant withdraws the application for trademark registration in Bangalore, the status is being shown as withdrawal.
Reported: Once the above process complete and the examiner is completely satisfy, the status is registered.
Benefits of Trademark registration
The trademark registration has the following benefits. They are:
- Creating brand awareness
- Creates brand image
- Products separate
- trademark registration allows Global Filling of Trademarks
- Intangible assets
- Protect goodwill
- Legal protection against violations (ie) it avoids the infringement
The International Society for Krishna Consciousness, also known as ISKCON, was relieve when the Bombay High Court barred New Delhi-based Vishna Foods Pvt. Ltd. from using the trademark ISKCON in any way until further orders.