A Trademark is a name, logo, tagline, colors that identify a product or service. Business owners are given rights on their trademarks. Trademark is essential as it protects any word, name, slogan, design, or image that identifies a business or brand and distinguishes it from others. It also gives the right to the mark and allows the holder to file a lawsuit against infringers. It has an unlimited term but must be renewed after every 10 years. This article will help you understand Why and how to Register Trademark in India.
Process for Trademark registration:
Before you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time. When the application is accepted it is published in the trademark journal with other trademark registrations for the public to see and if needed then oppose. If there is no objection within 90days then registration is accepted. But if there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration. If not opposed then the Trademark registration certificate will be given.
Documents Required for Trademark Registration
- Date of using the Logo/Tagline (Any supporting document for the same)
- Power of Attorney signed by the applicant
- Softcopy of the Logo/Tagline