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How to do trademark registration in India where an individual, a company, or an LLP can be an applicant and file the application for the registration.
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How to do trademark registration in India: 7 steps How to do trademark registration in India: 7 steps Registering a trademark is like prevention is better than cure. It prevents infringement issues before it goes severe. It prevents misleading other products with your trademarks. Knowing how to do trademark registration has become vital. Because registering a trademark can protect one’s intellectual property. And stops others from copying your work. Trademark registration gives unique recognition to the brand among customers. It helps in increasing the brand value. The validity of trademark registration is 10 years, and it is renewable. After the expiry of your registration, you can renew it for another 10 years. What is a Trademark? What is a Trademark? Trademarks are unique logos or phrases, they even can be designs or expressions. They are used to recognize goods and services. Trademark and registration are crucial to differentiate your products from other competitors. Trademarks are intellectual property, protected by the Trademark Act 1999. You can even protect your unregistered trademarks under common laws. How to do Trademark Registration in India? How to do Trademark Registration in India? Registrar’s Office of Trademarks in India helps you in registering trademarks. There are several things involved in trademark registration. Know how to do trademark registration easily by following the steps. •Step1: Select your trademark •Choose a unique trademark to represent your company. Here identifying the class, you belong to is important. Currently, goods and services are classified into 45 classes. You can register a trademark after selecting your class. •Step2: Trademark search •Trademark search after choosing a trademark is a crucial step. Soon after selecting, conduct a trademark search. Check whether the mark has been taken or not. Apply with The Controller General of Patents, Designs, and Trademarks. You have an option for a public search on this website. You can do it yourself by visiting the website. You just need to choose a class and search an online database. •You can also get legal services by paying for the safer option. The price is less than the penalty of infringement. So, it is advisable to take assistance, which helps you with the whole process. •Step 3: Eligibility check •Check the eligibility of the selected marks for registration. Trademarks must be unique, and they cannot be too descriptive or basic. It should be relevant to your brand. •Step 4: Application filing
•First, confirm the availability of your marks. Then you can proceed with filing, once you finish the eligibility check. Apply with the proper trademark office. Give details like trademark, goods, and services related to it and contact. Avoid mistakes while applying. Because it may lead to the rejection of the application. Provide pictures of the trademark with dimensions of 9 by 5 cm. You are required to provide 5 duplicate copies of the same. •Step 5: Examine the process •Your application for trademark registration will be examined by a trademark officer. They make sure your trademark will meet all the legal requirements. This process may take several months and may ask for additional information. If the information is not enough, they may request additional requirements. •Step 6: Publication Opposition and Registration •After the examination phase, your mark will be published in a public register. Here third parties can oppose your trademark. And may file infringement can if they found any similarities. If there are no such oppositions, then your trademark will be registered. •Finally, you will be receiving a certificate as proof of registration. The trademark registration certificate provides you the exclusive rights. You can use it in connection with your goods or services. •Step 7: Maintain your trademark •After trademark registration done, just maintain it throughout and renew it again once after its expiration. In India you can use registered trademark for 10 years. You can also take legal action against any unauthorized use by others after registration. It involves filing an infringement case against those who use your trademark without permission. How to check the status of the application? How to check the status of the application? Get an allotment number after receiving the confirmation of filing. The status of the application can be checked using an allotment number. This is a time-consuming process and may take 18 to 24 months. Mistakes while filing may take longer time. Within this period, you will know whether your application is approved or rejected. According to the filing date, your files get prioritized. Your application gets more priority when it takes longer. Remember you can use the TM symbol if the application hasn’t been approved. But make sure to receive the allotment number. What are the different trademark symbols? What are the different trademark symbols? •Service Mark (SM) and Trademark (TM): •Both symbols represent the pending application that has been filed for registration. It is like a warning for third parties to avoid infringement. •R symbol: •The owner will get approval to use the R symbol after the completion of registration. This symbol represents that the trademark is officially registered. Displaying the R symbol is not mandatory. It protects the owner from any kind of infringement. •C symbol:
•The symbol C signifies the copyright that the owner has for their creative work. Artwork, photo and videography, and literary works are included. It is used with the name of the copyright holder. Country and year of first publication are also included. •Trademark and registration are quite complicated. Being aware and doing proper research is needed. Therefore, registering your trademark has been done with due care. What is the cost to fill trademark registration application? What is the cost to fill trademark registration application? There are two separate costs to fill trademark registration application. If you are not an individual, you need to pay Rs. 9,000 to Rs. 10,000. Also, non-Startups and small enterprises fall under this category. They have to pay Rs. 9,000 for the e-filing of the application form. Rs. 10,000 to file in person if they register with the trademark office. Individuals must pay Rs. 4,500 to Rs. 5,000 for filing their application. This cost is applicable for startups and small enterprises also. E-filing takes Rs. 4,500 and for personal filing Rs. 5,000. Conclusion Conclusion Registering a trademark is crucial. But knowing how to do trademark registration is more crucial. One must be so careful while registering to avoid mistakes. Because mistakes in the application might lead to rejection. Improper application delays the process. Know how to do trademark registration and follow proper steps while filing. Choose unique and different trademarks. Conduct the right kind of trademark search and proceed with the application. After registering successfully, maintain the trademark till the date. Know the validity of trademark and renew it on expiry.