Trademark Registration Online in India – An Overview
Visual symbols, such as the signature of a word, name, device, label, number, or combination of colours used by the owner of a trademark for goods or services or other articles of commerce, distinguish it from other similar goods or services starting from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline, or combination of these and is used by manufacturers or service providers to identify their own products services. It is used to differentiate the products or services of its competitors’ owners. How to Protect Brand Name Through Trademark Registration in Erode is what we are going to be discussed in this article.
A trademark is a visual symbol that can be a word, name, number, label, colour combination, etc., used by businesses to distinguish its services or products from the same goods or services that are produced in different businesses. Petrol Design and Trademarks is the regulator of the Ministry of Commerce and Industry, Government of India, controlling the list of trademarks in India. Trademarks are registered under the Trademarks Act, 1999 and give the trademark owner the power to sue for damages when the trademark registration in Erode is violated. Registered trademarks are the intellectual property of a business, used to secure a company’s investment in a brand or symbol. It is mandatory for a company to register a trademark of its choice as it will serve as a unique symbol for the products and services you provide.
Proposed trademarks that are identical or identical to existing registered trademarks may not be registered. Moreover, a trademark is not registered if it is not offensive, general, unreliable, and unique, it contains specially protected symbols etc.
Once the Trademark registration in Erode process is complete, the R symbol can be applied and the incorporation will be valid for 10 years. Registered trademarks nearing expiration can be renewed regularly by filing a trademark renewal application for another 10 years.
Documents required for trademark registration:
Following are the minimum documents and information required to file a filing trademark application in India:
Name, address and nationality of the applicant,if the applicant is a company, include the country or state with the full address. A list of goods and services that require registration;
Trademark Entity: Whether the applicant is an individual, start-up or small enterprise;
Soft copy of registered trademark;
If the application is filed declaring the priority of the application previously filed in another country, the details of that application are also required while filing the application in India must have the application number, filing date, country and goods / services. A certified priority document, or a properly recorded copy of it, must be submitted to the original Trade Marks Office Fee within two months of filing the application.
Usage: Date of first use of the trademark in India, if used or otherwise can be applied on the proposal to use the application, in case of claim to use the trademark before the date of application, affidavit supporting documents required for trademark registration with such use, application Will be filed with. [The word ‘use’ in India has a broad meaning and does not mean that there is a physical presence of goods or services in India. displaying of the brand mark in foreign journals circulating in India or use of mark in sales invoices, letterheads etc. with trade mark will ‘use’ these marks in India.].
Power of Attorney: Document indicated by the applicant’s authorized signatory with clearly specified name and designation (no legalization / notarization required).
Procedure:
Step 1: Search for the trademark
Applicant should be aware while choosing his / her trademark. Then, there are already many types of trademarks available, once a trademark is selected, it is compulsory 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, similar to his or her trademark.
Trademark Search expose that all types of trademarks that are already available in the market, registered or unregistered. The search further exposes that whether there is competition for the same trademark in the applicable trademark.
Step 2: To file a trademark application
The application for trademark incorporation depends entirely on the goods and services to which the business relates, either in a single class or in a multi-class.
The incorporation 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 in Erode should be backed up with multiple documents with full details of the trademark for which the registration has been requested. Moreover, if the applicant declares a previous use in the trademark, then the use of the user’s affidavit must be accompanied by proof of use with proof of its previous use.
Step 3: scrutiny of trademark application by government authority
After filing the trademark application, a mandatory scrutiny report is issued by the examiner after a detailed scrutiny of the trademark application in accordance with the guidelines of the Trademark Act, 2016.
The examination report by the Authority discloses certain objections, which may be complete, relevant or procedural. The report of this scrutiny is issued by the Trademark Authority within 30 days of filing the incorporation application.
After receiving the report, it is necessary to reply to the examination report within a period of 300 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 he / she are not fully satisfied with the answer submitted or if the objections are not satisfied. After this hearing, the examiner can accept the mark and then forward the application for publication in the journal or neglect the above application if any objection still persists.
Step 5: Announce the trademark
Once the trademark registration application is accepted, the trademark is then displaying and also published in the Trademarks Journal for a period of 4 months. The purpose behind the publication and display 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
Display an ad 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 resistance 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 or objection to the trademark application, the due process of principle must be followed in which the trademark can be registered along with the submission of counter-statement application and evidence
Step 7: Register the trademark
The final step towards the whole process is trademark 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 trademark registration is completed, it is valid for a period of 10 years, after which it will need to be renewed during the prescribed period.