Trademark is a brand, slogan or a logo. A brand name can be a word or a combination of words. A slogan is a short phrase and a logo is an attractive picture or a symbol. To register the trademark, one need to file the trademark registration online application.
Before filing the trademark, there is a need of Preliminary Search of trademark which needs to be determine on following basis
- Logo according to the product.
- Logo should be clear rather than confusing.
- Trademark Infringement
- Objections from Registry.
File Trademark Application
The application of trademark can be filed by paying certain amount as government fee.
Filing of Form ™
In filing of trademark application, one need to file the relevant data as required.
Issue of Examination Report
The trademark registry generates examination report which are available on website. The trademark registry shows whether the trademark is accepted in examination report.
Trademark publication occurs in stage process of filing, examination, publication, opposition, registration and renewal.
The related person/company to that trademark can file notice of opposition against the trademark with a period of four months from the published date. The notice of opposition can be filed along with evidence in support of application.
Trademark Registration ®
A trademark is registered in India for duration of 10 years from the date of application. Once the application is filed and payment process is done, the trademark will be examined and published and then registration will be done, if there is no opposition occurs.
The registration of the Trademark is under Indian Trade Marks Act 1999 and is valid for a period of next ten years from the date of filing and need to be renewed from time to time. It can also be renewed for an unlimited period on payment of renewal fees.
If the trademark has been removed from the Register of the trademarks, then it can be restored by filing an application after six months or within a year from date of expiration of last registration.
Under Section 47 of the Indian Trademark Act provides the registered trademark from the Register of Trademark. Trademark cannot get registered with a bonafide interest or no use for time duration of continuous 5 years and 3 months from date of issuance of the registration certificate.
Rectification can be done by observing an error in registering the trademark. Under Section 57 of the Indian Trade Mark Act,
1. Registration needs to be done on boards without any sufficient cause.
2. The renewal fees have not been paid.
3. Not using the trademark for more than 5 years.
Sometime two company has same symbol and design and they are registering so only one can be done under section 29 of the Trademark Act 1999 Use of trademark by a person who is not being registered proprietor of the trademark, the matter reach to supreme court and action for infringement is taken.
Under Section 49 of the Act, the agreement is made within six months from the date of application; the power of attorney signed in favour of agents. The unregistered trademark has no right for infringement.
Trademark application can be filed in more than one class. Trademark class is distinguished into a set of Goods and Services. While filing the trademark application, it is necessary to mention the trademark class. If in case there is a wrong selection of trademark class then there will be problem in trademark registration process. Use of trademark class finder tool will help in selecting the proper goods and services.