Don’t have a registered Trademark?
Get Your “TM” in One Day !
Importance of Trademark
A registered trademark establishes ownership over the brand, name or logo. It protects your brand from any unauthorized use of the third party.
Trademarking grants startups security of their brand. By trademarking a company name, one makes its services and products distinctive in terms of their competitors, becoming their intellectual property. In doing so, it prevents rivals from copying or stealing their brand.
Trademark registration would provide a legal right to initiate an action against the third party in case of infringement of trademark. Trademark registration will also provide an exclusive right to the owner to use it for its products or services.
Procedure of Trademark Registration
Upon filing of the application, the registry will issue receipt with the filing date and number allotted to the application. The application is then formally examined by the Indian Trade Marks Office, as to its inherent registrability and/or any similarity with existing marks.
If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, an interview/hearing with the examiner is posted.
In order to contest the opposition, a counter statement should be filed within 2 months from the date of receipt of notice of opposition, failing which the trademark application will be abandoned and cannot be revived.
Step 1: To Search for a Trademark
Step 2: To File the Trademark Application
Step 3: Examination of the Trademark Application by the Government Authority
Step 4: Publication in the Trademark Journal
Step 5: Registration of the Trademark
Step 6: Renewal