How to process for Trademark Registration in India

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How to Apply For Trademark Registration in India?

A trademark can be registered on name, word, or symbol. Trademark reflects the goods or services of the applicant. It is mainly a mark associated with the goods or services. It distinguishes the products of one from another. It gives an exclusive right to the owner of the trademark. It also prevents others from using the same trademark. It gives an identity to the product of the owner.

What Is The Process of Trademark Registration?



Trademark Search

To verify the availability of desired mark or logo, a trademark search is done by the professionals on the basis of its class. If the desired mark has neither been taken or similar with an existing mark, then one can proceed for the trademark registration. However one can apply for existing registered trademark under the different class. Trademark

search

is

done

from

here

https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx. 

Trademark Application

One can apply for trademark registration by filing an application (TM-A) with the prescribed

fees.

An

application

is

filed

with

the

trademark

(http://www.ipindia.gov.in/) by the trademark attorney. Here are some of the examples of registered trademark:

authority


Disclaimer: Images source Google Trademark Registration Flow Chart

Trademark Search

Application in form TM-A

Acceptance in case of no objection

Journal Publication

Trademark Registration in case of no opposition in trademark journal

What Are The Documents Required For Trademark Registration? Following documents are required for filing Trademark Registration Application: 1. ID Proof (Copy of PAN and Aadhaar Card/ Voter ID Card/ Passport/ Driving License); 2. Address Proof (Latest Bank Statement/ Utility Bill not older than months); 3. Copy of Logo/ Mark; 4. Power of Attorney (To authorize consultant to file an application on the behalf of the applicant); 5. Board Resolution (In the case when the applicant is a company).

Who Is Eligible To Apply For Trademark Registration? The following can apply for trademark: 

Individual

Sole Proprietorship Firm

Partnership Firm

Company

LLP

Joint Owners


Which Symbol Will Be Used After Trademark Registration? A “TM” symbol is a provisional symbol which is used for unregistered trademarks. Under this application is under process and potential infringers can claim for the mark. Whereas “®” symbol is used for a registered trademark. It is used when authority approves the applied application.

How Much Time Is Used For Trademark Registration? Usually, trademark registration takes 8 months to 2 years from the date of filing application.

What Is The Validity of Registered Trademark? It is valid for the period of ten years however it can be renewed for the further period of ten years on the payment of the prescribed renewal fees. Whereas registered trademark is valid in home country only because India has its own rules & regulations regarding trademark registration.


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