Note: - To register your Trade Mark online, you need to login or sign up incase you are not registered.
The booming economy and easy access to technology has seen a proliferation of products. To help the vast array of brands to get recognized and distinguished easily, there are trademarks. The critical function of a trademark, as the word itself suggests is to act as a sign of distinction. With product parity and numerous cloned products, a trademark is of paramount importance in enabling the trade and more importantly the customers to recognize a product and associate it with a certain company and level of quality. Trademarks attain greater significance when patents expire and the markets get flooded with numerous local brands. Trademarks are a highly recommended solution for brand protection as it can be extended indefinitely, unlike a patent.
Clients are offered a spectrum of services from customizing a trademark to getting it promptly registered. The firm also offers advice in the area of innovative and non-conventional trademarks (colour, sound, smell, shape) to facilitate brand protection and recognition. To expedite the process of acquiring a trademark, the firm has access to an exhaustive database of trademarks that is updated on a daily basis.
TRADEMARK SERVICES
Trademark services include:
- Registrability and infringement searches of trademarks in India
- Filing of application for trademark registration in India
- Trademark watching, monitoring and surveillance
REQUIREMENTS TO FILE A TRADE MARK APPLICATION.
The full name, address and nationality of the applicant/company. In case of the Applicant being a Partnership Firm, we require full names of partners and a copy of the Partnership Deed.
The trade description of the applicant/company viz. (manufacturer, merchant, trader, exporter, service provider, dealer etc.).
A representation of the mark to be registered.
If the mark is a device mark, label or a logo, or if you wish to claim specific colours, we require you to attach a copy of the mark and forward it to us. In the alternative, you may provide us with at least 15 colour prints of the mark by post / courier.
The specification of goods and/or services for which the mark is to be registered and the corresponding classes.
The date of first use of the mark in India, if any, or whether the mark is proposed to be used.
A power of attorney duly signed by the applicant or by an authorized signatory in case of a company. You may download and print the same from the DOWNLOADS Tab.
Fees.
PROCEDURE & FLOWCHART FOR TRADEMARK REGISTRATION
It is advisable before applying for registration of a mark to carry out a search amongst the records of the trade marks maintained at the Trade Marks Registry to ascertain whether any such trade mark / service mark is already registered or pending registration.
If the trade mark is available, an application in the form prescribed must be lodged with the proper office of the Trade Marks Registry. This application is then examined in the light of provisions of the Trade Marks Act, 1999. If the Application satisfies the conditions laid down by the Statute, the mark will be advertised in the Trade Marks Journal. If it is not so, the Examiner may fix a Hearing to give us an opportunity to overcome the objections held by him. After this is done and the mark is found unobjectionable, the application is advertised / published in the Trade Marks Journal.
Any person is free to oppose the application within four months (3 months + 1 month extension) from the date of such advertisement in the Trade Marks Journal. If the application be opposed within four months from the date of the advertisement/ publication, the opposition shall be decided first. If the opposition is dismissed, the mark proceeds to registration. However, in case the opposition succeeds the application is refused registration.
Once the trade mark is registered the Trade Marks Registry shall issue a Certificate of Registration. The said registration shall be valid till 10 years and may be renewed thereafter.
The approximate time taken to complete the registration formalities (without opposition) is about 18 to 24 months.
Click here to view the Flow Chart
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