How we protect our brand name through trademark registration?
The Trademark Registry in India was established in 1940 and is currently governed by the Trade Marks Act, 1999 and its rules to protect the misuse of trademarks. The Trademarks Registry provides resources, facilitates information centres and regulates all trademark matters in Pan India. The purpose of the Trade Marks Act, 1999 is to ensure that trademarks are registered in the country and that registered trademarks for goods and services are protected. This also helps prevent original trademark owners from fraudulent use of their trademarks. The main function of the trademark registry is to register trademarks that are eligible for registration under existing trademarks and their amended laws and regulations. How to Protect Brand Name Through Trademark Registration in Erode is what we are going to be discussed in this article.
Trademark registration, a trademark is a weapon in the hands of an owner who has created his unique identity in the market or in the eyes of individuals. Once the trademark of any owner or company or someone can say that the applicant is registered, he has automatically acquired all the legal rights that he can use to protect his ownership. He / she may take all legal action against a person who has used or infringed trade identities without the permission of the owner. It can be a logo or a word mark or a symbol that indicates a unique identity. Once a trademark has been registered, the owner can use the intended trademark while doing business and if another person uses it, the owner can take legal action against him. Indicated by trademark signs – and ® It is indicates the application filed with the registrar and to indicates that the application has been approved.
Procedure for trademark registration:
Step 1: Search for the trademark
The applicant must be careful when choosing trademark. Then, there are already many types of trademarks available, once a trademark is selected, it is necessary to do a public search on the trademark database that is available with the trademark registry to make sure that the trademark is unique and that there are no other trademarks is similar to his or her trademark.
Trademark search reveals all types of trademarks that are already available in the market, registered or unregistered. The search further reveals whether there is competition for the same trademark in the applicable trademark.
Step 2: To file a trademark application
The application for trademark registration depends entirely on the goods and services to which the business relates, either in a single class or in a multi-class.
The registration application form is TM-A which can be filed either online either through the official IP India website or physically on the Trademarks Office Fee, which is subject to trademark jurisdiction.
The application for trademark registration should be supported with multiple documents with full details of the trademark for which registration has been requested. Moreover, if the applicant claims a previous use in the trademark, then the user’s affidavit must support the use with proof of its use.
Step 3: Examination of trademark application by government authority
After filing the trademark application, a mandatory examination report is issued by the examiner after a detailed examination of the trademark application in accordance with the guidelines of the Trademark Act, 2016.
The examination report by the Authority may or may not disclose certain objections, which may be complete, relevant or procedural. The report of this examination is issued by the Trademark Authority within 30 days of filing the registration application.
It is necessary to submit the answer to the report of the examination within a period of 10 days, which has arguments and evidence against any objection to be waived.
Step 4: After the exam
After filing the answer to the examination report, the examiner (Trademark Authority) may appoint a hearing if they are not fully satisfied with the answer submitted or if the objections are not satisfied. After this hearing, the examiner may accept the mark and then forward the application for publication in the journal or reject the above application if any objection still persists.
Step 5: Announce the trademark
Once the application for trademark registration is accepted, the trademark is advertised and also published in the Journal of Trademarks for a period of 4 months. The purpose behind the publication and advertisement is to invite the general public to protest against the registration of the sign.
The Trade Marks Journal is available on the official registry website which is updated every Monday of the week.
Step 6: Opposition from the general public
Post an advertisement and publication of a trademark in a journal, any attacker may file a notice of protest against the trademark registration of the advertised / published trademark. This notice of opposition to the trademark must be filed by Form TM-O within 4 months of the publication of the mark in the Trademark Journal. If there is an objection / objection to the trademark application, the due process of law must be followed in which the trademark can be registered along with the submission of counter-statement application, evidence as well as hearing.
Step 7: Register the trademark
The final step towards the whole process is the registration where the application proceeds towards registration after winning the objection and / or objection against the registration of the registered trademark.
In addition, if there is no objection to trademark registration during the months of advertisement / publication period, then the trademark is given a certificate of auto-generated registration during a period of 1 week. Once the registration is completed, it is valid for a period of 10 years, after which it will need to be renewed during the prescribed period.
To register Trademarks can protect your intellectual property, as they protect different types of assets. Trademarks are more focused on the protection of items that define and identify a company’s brand, such as a logo. Trademarks provide you with that kind of protection, so it’s important that you register for both and make sure that it protect your brand. We provide our services in all over Tamilnadu.