Trade Mark Registraion
Trade Mark Registraion
Trade Mark Registraion
What is Trademark?
A trademark is any word (A STAR), name (SAMSUNG), symbol or device (Microsoft), slogan (Thanda Matlab Coca Cola), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound color combination, smell or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.
Benefit of Trademark Registration
- Constructive notice of ownership of the Trademark .
- ™ and ® is Prestige of your Brand and your Company.
- Its ownership and get exclusive rights over your trademark.
- You can sale your Trademark ™ and ® and/or give license to other company to use your Trademark and get Royalty for the same.
- The exclusive right to use the registered mark in commerce in connection with the goods or services specified in the registration.
- Establish the Goodwill and incontestability of rights in the registered mark .
- No one can make a copy of your trademark; if someone copy then you can take legal action against them and ask for damages..
- Sue for counterfeiting of the registered mark and to obtain both civil and criminal penalties against counterfeiters .
- Similar advantages can be obtained from registering a trademark in most other countries of the world. In some countries, a registration is a requirement for any enforcement activities. Since the advantages necessarily vary from country to country.
Meaning of the Symbols
- A ™ is usually used to indicate an unregistered trademark. It is an informal notification that there is a public claim as a trademark.
- An SM represents an unregistered service mark. It is also an informal notification that there is a public claim as a service mark.
The ® (commonly pronounced “R-in-a-circle” or “Circle-R”) is a warning notice to advise the public that the mark is registered and their use provides legal benefits. This notice can be used only with registered marks. Use of a ® with any unregistered trademark may result in claims of fraud. Several other countries also use the ® symbol to indicate that a trademark or service mark is registered in their respective systems.
Duration of process of Registration
Time taken for application for registration is 7 working days from the time you appoint us for the work. Time taken for certificate of Registration of trademark is about 18 to 30 months.
Steps of Process of Trade Mark
The following steps are involved for trademark registration:
- Search has to be made.
- In case the search result is positive, we make application for trademark in form TM – 1.
- Once application is made, the acknowledge copy of Additional Representation is received from Trade Mark department.
- The next step is getting examination report and formality check report from the department wherein any objection or clarification is sought by the department
- A reply has to be made for the same within 1 month and 15 days respectively..
- If the TM department is satisfied, the mark is advertised before acceptance in the trade mark department.
- In case they still are unsatisfied with the reply, they call for hearing upon which it is decided whether the case is fit for advertisement or not..
- Once the mark is advertised in trademark journal, there is 4 months time for others to object the mark..
- If no objection is received in 4 months time, the Registrar issues the certificate of registration..
REQUIREMENTS FOR FILING A TRADEMARK APPLICATION
The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
1.If the applicant is a company, the country or state of incorporation.
1. TM 48 (form of authorization).
2.A list of goods and/or services for which registration is required.
3. A soft copy of the logo in JPEG format.
4. If the mark contains or consists of non-English words, a translation of those words into English is required.
5. If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.