WHY BRAND NAME REGISTRATION NECESSARY?

With the economic growth the demand for trademark registration is also growing. It is very important for all corporate owners be it businessman or individual entrepreneur, to protect your company as it is directly linked to your company’s success.  The basic motto is to protect your business against fraudulent cases, competition etc.

WHAT DOES TRADEMARK DO TO YOUR BUSINESS

  • From owner’s point of view:    
  • Helps in securing the brand name of your business,
  • Creates your own business identity,
  • Helps in protecting your business reputation by deterring someone else from using it without your permission.

creating the customers confidence and attraction

  • From customer’s point of view:
  • Protecting the consumers from deceptive/misleading information regarding the goods/services
  • For easily distinguishing the goods/services

PROCESS OF REGISTRATION FOR TRADEMARK APPLICATION

1. Trademark search is necessary available at link for ascertaining that whether the proposed mark is already in use or not

2. Filing of Trademark application in Form TM-A either through physical mode or online mode alongwith the following fees structurew. e.f., 6th March, 2017.

For individuals, small enterprises and start-ups-

Physical filing fees- 5000

E- Filing- 4500  

Other than individuals, small enterprises and start-ups-

Physical filing fees- 10,000

E- Filing- 9000]

3. After the receipt of application by the Registry, the examination report will be issued mentioning the acceptance or objection of the application

4. Within a period of 1 month of communication of report, applicant has to respond and if the applicant is not satisfied by the report and calls for hearing, Registrar shall provide opportunity for hearing

5. If the trademark application is accepted, it will be available at official website of Controller General of Patents, Designs and Trademarks.

6. Within a period of 3 months from date of publication, public has right to make an objection or oppose the application.

7. If the application is opposed, Trademark hearing officer may call for hearing where the Registry will issue the notice to both the applicant and opposition party. After completion of hearing, officer can accept or reject the application

8. If accepted, Certificate of Registration will be issued to the applicant bearing a seal of Trademark Registry.

(The article has been written by CS Nikita Gupta, backed by skills in Corporate and Regulatory laws. For detailed analysis on any of the provision or for any query, writer can be contacted through mail ID- n.nikitagupta.g@gmail.com)

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