Trademark registration in India is the process of securing your unique brand name (words, logos, statistics, slogans, etc.) in Indian territories. Trademark registration in Bangalore law gives the trademark owner the legal right to use the trademark. Once trademark registration is approved, it means that the owner of the trademark has every right to file a lawsuit against anyone who uses his mark without his permission under a trademark infringement case.
Procedure for Trademark Registration
1: Choose your suggested brand name for trademark registration in Bangalore.
2: Do an instant .online public search for your proposed brand name. Search Learn how to do online public search. Public search gives you an idea if your propose brand name is already register with the trademark registry or matches the existing trademark records registry. And also helps you to know the trademark registration in Bangalore opportunities of the proposed brand name. Trademark search offline can also be done by visiting the trademark office fee.
3. Fill out the trademark registration form TM-1 and submit along with the following mandatory documents.
The brand name or mark selected for trademark registration in Bangalore
Trademark owner details
List of goods or services for which the proposed trademark will be used.
4: Submit a trademark application, either online or offline.
As soon as you are give a trademark application number, you are allow to use Mark TM. Until it is successfully register or denied by the trademark registrar.
5: Exam Report Issue:
(Time taken: 3-6 months)
At this stage the trademark application is review by the registrar. Once the application has been submit for trademark registration in Bangalore, the trademark registrar takes control of the process and checks the formalities and the mark requested for objections. At this stage the trademark is check for similarity with pre-existing trademarks. And it also checks for similarity with already submitted trademark applications. A more unique proposed trademark means less probability of a registrar’s trademark objection, which means easier and faster flow of the trademark application. At this stage the Registrar can either accept the application. And make an announcement in the public journal or raise an objection as required.
6.The trademark registrar may object to the TM application for clarification and evidence which may support the application and justify some concerns. The trademark applicant is given a period of 3 months to file a reply with appropriate evidence to persuade the registrar.
7.Action required from the applicant:
If you find that your trademark has object to by the Registrar, then talk to your Advocate / Attorney / Agent immediately so that your answer enter with the appropriate evidence to support your application against their concerns. And submit your trademark reply within 3 months so that the trademark application cannot be abandoned.
8: Never mind – accepted and advertised
If in the case, the Registrar does not mind, the Trademark Registrar issues a Letter of Acceptance (TLA) to the Trademark Applicant. And the application is widely publish in the trademark journal for a period of 4 months. During this period the trademark registrar allows the protest to escalate if he sees the declared trademark as resembling his current trademark.
Case 1: No objection
(Trademark registered in 6-10 months)
If no objection is lodged within a period of 4 months when the trademark was published in the trademark journal, the trademark registrar will issue a certificate of trademark registration to the concern trademark applicant within 6 to 10 months when trademark registration in Bangalore is approached.
Case 2: Objection filed
If a protest register during the trial period, both the petitioner and the opposing party will invited to appear before the Trademark Registrar on the due date of the show-cause-hearing to prove their evidence. This process can take several months until the case is resolved.
Stage 6: Register for your Trademark
(At least 6-10 months if objection not filed)
Once a trademark register, in trademark registration in Bangalore it is valid for 10 years post which the trademark owner must apply for a trademark renewal. If the trademark owner fails to apply for a trademark renewal, the trademark will be denied and the mark will remain open for others to file a trademark application.
Benefits of Registration
Protection against infringement:
No competitor or other person may use the trademark or logo you have registered under the trademark. However, if in any case someone uses it without the permission of the owner of the trademark the owner can get legal protection under the Act and stop the person from doing so.
Low cost protection up to 10 years:
Trade Online trademark registration in Bangalore is done at very low maintenance costs. Once you register a trademark you only have to pay maintenance costs and renewal costs which is 10 years after the trademark register. It is costly and helps your company create a distinctive image.
Attract human resources:
The young mind is eager to join the big brands as it acts as a magnet. It inspires a positive image of the organization and so the candidates are easily attract towards them. This reduces the cost of hiring and the activities which are related to it..
How long it takes for registration?
The process of acquiring a trademark as a commercial part usually requires four to five months. Let me explain this to you in simple steps as follows: –
Giving the application form to the department.
Upon verification of the application, the department accepts the application.
After acceptance, the department publishes the trademark, the applicant applied in the official gazette of India. This publication is intend largely public, we are going to register this published trademark registration in Bangalore. And the applicant will have all rights to use this mark. If anyone has an objection to that, the answer can submit to the section.
If there is no objection within a period of one hundred and twenty days (120) from the publication in the official gazette, the departments register the trademark in the name of the applicant and then he may use the mark on the trademark of his product or services.