Investing your time and money to build a particular brand and
seeing the same brand name being used by another, robbing you of
your hard-earned brand reputation is not an agreeable state of
affairs. Many a time, trademark (TM) owners end up in protracted
litigation because when the time was right, they did not do
trademark registration in India of their brand name. Trademark
registration process of the brand name is not a difficult task. A
few simple steps, as explained below and you would have the
much-needed legal protection of your brand name registration in
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. Why waste
your money in time-consuming trademark litigation later when you
can choose to avoid it in the first place?
Step 2: Filing Trademark Application
After you are sure that your chosen brand name or logo is not
listed in the Trademark Registry 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
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.
If accepted unconditionally, the trademark gets published in the
Trademark Journal. If not accepted unconditionally, the conditions
to be fulfilled or the objections would be mentioned in the
examination report and a month's time would be given to fulfill
the conditions or response to the objections.
Once such response is accepted, the trademark is published in
the Trademark Journal. If the response is not accepted, one can
request a hearing. If in the hearing, the examiner feels that the
trademark should be allowed registration, it proceeds for
publication in the Trademark Journal.
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.
The trademark can be renewed perpetually after every 10 years.
Hence, your logo or brand name registration can be protected
As seen from the above, trademark registration in India process
does not require much effort. It is a simple process but one which
is nonetheless very important for brand name registration. We, at
Intepat, can help you with the entire process of registration
without you worrying about deadlines and responses. Hence,
understand the power of your brand name registration and take steps
in protecting it today.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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