ADVANTAGES OF TRADEMARK REGISTRATION

Exclusive rights to the owner of Trademark

A registered Trademark owner has an exclusive right to utilize the Trademark under the each class where it is registered. The proprietor has the sole authority of a Trademark and others cannot use that mark under the same Class.

Create Goodwill or Trust

Trademark registration creates an intellectual property, which is an intangible asset for an organization. It increase trust among the customers. A registered trademark is a right that can be sold, franchised or commercially contracted.

Unique Identity

Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.

Validity of Trademark

Registered trademark is valid for 10 Years and it can be renewed with minimum fees.

Makes trademark known

A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

Protection against infringement

If any person other than the owner of the wordmark or logo registered under trademark use it without the approval of owner. The owner of the Trademark can get legal protection under the Act and stop other from person doing so.

PROCEDURE FOR REGISTRATION OF TRADEMARK

Step 1: Trademark Search

Having an idea of unique name is not important but its availability under the applicable class is more important. Professionals can help you to search the trademark availability to save your time and money in time consuming Trademark Registration Process.

Step 2: Filing Trademark Application

After deciding Word Mark or Logo, Trademark Registration application is filed Online. Application can be made for proposed use and also for the brand which are already in use. For the brand which is already in marked who has not registered under trademark can also make an application for registration along with the supporting documents of already used brand name or logo.

Step 3: Examination

The Trademark registration application shall be under the examination for around 12-18 months. Examiner might accept the trademark absolutely, conditionally or object.

If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfill the conditions or response to the objections.

Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.

Step 4: Publication

The main object behind the publication is to give an opportunity oppose to the public. If no opposition is received within time frame of 3-4 months from the date of publication is received, the trademark authority registers the trademark.  In case of receipt of opposition, fair opportunity is given to both the parties in hearing and order is given by the registrar.

Step 5: Registration Certificate

On successful registration of trademark after publication or hearing, registration certificate under the seal of trademark office is issued.

Step 6: Renewal

The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.

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Author Bio

Qualification: CS
Company: Devyani & Co.
Location: Surat, Gujarat, India
Member Since: 16 Mar 2021 | Total Posts: 4
Devyani Khambhati is an Associate member of ICSI, Practicing Company Secretary and guiding corporates to meet their compliance requirements and a Proprietor at Devyani & Co., Company Secretaries. She is having 7 years post qualification experience as Company Secretary with expertise in Corpo View Full Profile

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