Even if you don’t realize it, everyone deals with trademarks on a daily basis. ‘Trademark’ is another way of referring to brands. Consumers’ purchasing decisions are influenced by trademarks and the reputation such brands represent. It is important for business people to have an understanding of why trademarks are important assets and help grow their business.
Registration of trademark serves an important purpose in line of securing a trademark from being misused. In order to observe the importance of registration, we need to look at the Benefits which are conferred through registration. One can obtain relief in respect of infringement of the trademark in the manner provided by the act.
Another way of observing the importance of registration is to consider drawback of not being a registered user. This can be explained through section 27 of the Trade Mark Act, 1999 which talks about “Passing Off”. This section explains that, no person shall be entitled to institute any proceeding to prevent, or to recover damages for the infringement of an unregistered Trademark.
VALIDITY OF TRADEMARK
Once registered, a trademark is protected for 10 years starting from the registration date, assuming that the trademark is not subsequently invalidated or cancelled. Protection can be renewed for further period of 10 years, i.e. 6 months before the expiration date (which is 10 years calculated from the filing date)
SEARCH AVAILABILITY OF THE TRADEMARK
Before applying for the trademark, one should search availability of the trademark / brand / logo at the following official link
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx#
SEARCH SUITABLE CLASS FOR TRADEMARK
Before applying for the trademark, one should decide on the suitable class for its products / services to search availability of the trademark / brand / logo in that class at following link
PROCESS FOR TRADEMARK APPLICATION AND REGISTRATION
Step: 1: Application of fresh trademark in form TM-A
Step 2: After submission of application, Department shall scrutinize the application and availability and then issue either examination report or else provisional approval order in Monthly journal
Step 3 : In case of Objection by department in examination report and Reply is submitted and officer is satisfied, then the Department shall keep the mark / application open for public Opposition for 120 days and if no opposition is received from Public then Mark / trademark shall be registered and Trademark Registration certificate shall be issued online.
Step 4: In case of Objection in examination report and also Reply submitted by us is not satisfactory as per officer then the applicant can avail an opportunity of “Show Cause Hearing” before the Trademark Registrar, where the Attorney / applicant can represent submissions or in writing. The hearing is generally conducted by the Assistant Registrar or Senior Examiners of Trade marks.
Step 5: In case of clearance by department but opposition by public (opponent) then it has be attended on case to case basis.
TIMELINE FOR TRADEMARK APPLICATION AND REGISTRATION
1. 2-3 days for deciding the suitable class and searching the availability
2. 1-2 days for application
3. 20 days for examination report or provisional approval
4. 120 days for public opposition
5. 30 days for registration
Total time is approx. 7-8 months
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