TRADEMARK REGISTRATION

TARDEMARK REGISTRATION

Most of the people around us, have heard about the Trade Mark, it is a symbol, combination of characters or numerals which is used by the companies for making the differences between its goods & services and the others, which are already present in the market. Today we are going to start a small discussion on Trademark Registration, as it prevents the duplication of goods & services by the competitors, which are present in the market. Nowadays, almost every business are involved are making their brand and at the same time investing a significant amount of resources in advertising as well as marketing. And for such business, trademark secures that their investment & efforts remains safe from the copy-cats. So, let’s start the procedure for trademark registration.

REQUIRED DOCUMENTS FOR TRADEMARK REGISTRATION

There are some required documents, which are required for the registration of trademark in India :

• A copy of the trademark or of the logo. In case of trademark for word, logo is not required.
• Details of the applicant like, name, address & nationality.
• Incorporation certificate, in case of a company or LLP.
• In case, the company is eligible for lower filing fee, Udyog Aadhar Registration.
• Description of goods or services represented by the mark.
• Trademark class under the application must be filed.
• Power of attorney in FORM 48 FORMAT should be signed by the applicant.

PROCEDURE FOR REGISTRATION OF TRADEMARK IN INDIA

• Trademark search :The applicant has to search for a trademark, and ensure that no similar marks will be present by the help of intellectual property website. And if similar marks found, check that mark represents the same business as you or not.
• Application preparation :In this step, Trademark attorney will prepare an application. Form 48 and TM – 1 will be prepared by the attorney for approval & signature of the trademark applicant.
• Application Filing :After following the above steps, now its time for the next step, as the trademark registry is completed with the trade mark filing. If we talk about the fees, which is decided by the government for an individual, startup, small enterprise is Rs 4,500. And for all other types of applicant, the fee decided by the government is Rs 9,000, apart from this there is a separate fee setup for the attorney professional which is Rs 3,500 for each application, respectively.
• Government Processing :After filing the trademark application and the processing of the application by the government status must be checked periodically. If there is any objection reply is required to be submitted within 30 days by the applicant. Along this, in case of opposition the applicant is required to respond in a time bound manner to allay the concerns of the counter party.