Trademark is a unique symbol, a signature, name, label, number, or combination of colors used by a company to distinguish itself from companies with similar goods or services.
Trademark registration helps in protecting the identity of the company and also establishing it.
Steps for trademark registration:
1. Trademark search
The first step is to carry out research to know whether a particular trademark is available to be used as per the criteria for registrable trademarks under the laws of the government.
This step is necessary to ensure that there is no other trademark similar to yours so that registration can be obtained without any delay.
2. Filing the trademark
Once it is clear that the proposed trademark does not match any other trademarks, the next step is to file the trademark application at the trademark office. A trademark application can be filed for more than 1 class of goods.
3. Trademark Examination
After the filing is done, the trademarks registry will examine the trademark to ensure it meets all the requirements for registration in India. The process of examination takes place 8-10 months after the application is filed, but a quick examination can be requested by paying extra fees.
If the registrar has any objection or wants certain conditions to be fulfilled, a response from the application is expected, after the applicant files the response, if it is accepted, the process moves ahead to trademark publication.
If the response is not accepted, a hearing for the same can be requested. The registrar may allow or reject the registration at the hearing. If it is allowed, the trademark publication in the trademark journal process will move ahead.
When the trademark is included in the trademark journal, a third-party like the owner of an earlier trademark application or registration with a similar trademark for similar goods or a person who has used the same trademark before but has not registered for trademark can oppose the registration within 3 months from the date when the trademark journal is made available to the public.
6. Trademark registration
If no oppositions arise within 4 months from the date when the trademark journal was made available to the public, then the trademark registration certificate will be issued.
The registered trademark is valid for 10 years and can be renewed for another 10 years with some fees paid to the government.
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