The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.
In simple word trademark is the sign capable of distinguishing the goods or service of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
Trademarks are of various types; product marks, service marks, collective marks, certification marks, shape marks, etc. The purpose of the trademark is the same, irrespective of its type. It allows the consumers to distinguish the source of the product/service and assures the quality of the product or service
The objective of the
Trade Marks Act, 1999 is to register trademarks applied for in the country and
to provide for better protection of trade mark for goods and services and also to
prevent fraudulent use of the mark.
in principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation.
The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders.
Step 1: Trademark Search
Many entrepreneurs do not comprehend the importance of a TM search. Having a unique brand name in mind is not good enough reason to avoid a TM search. TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation.
step 2: Filing Trademark Application
After you are sure that your chosen brand name or logo is not listed in the Trademark registration India you can opt for registering the same. The first step is to file a trademark application at the Trademark Registry India. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
Step 3: Examination
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark absolutely, conditionally or object.
Step 4: Publication
The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
Step 5: Registration Certificate
Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
Step 6: Renewal
The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.