To set yourself apart from the competition, you may choose to register a trademark, which is a form of intellectual property consisting of a distinctive logo, phrase, or other symbol. A trademark’s owner might be an individual, a company, or any other kind of legal body.
Having a trademark on a product or service ensures that no one else may use that mark without authorization.
The Ministry of Commerce and Industry, Government of India is responsible for trademark registration in India. The Trademark Act of 1999 governs the registration of trademarks. In the event of an infringement, the trademark holder is given the option to file a lawsuit seeking compensation for any harm caused. Trademark applications filed with India’s Intellectual Property Office (IPO) grant the right to use the TM sign during the application process and, once registered, the ® symbol during the registration period (10 years).
Trademark Application Requirements Documents
Trademark Registration Process
At PROUDFILER, trademark registration starts with a thorough examination of existing trademarks. You may rely on us to help you search for trademarks in all classes using the official government database. You may use this instrument to search for trademarks that are the same or similar within the same class. After doing a trademark search, you’ll need to decide whether to move through with a trademark application based on the specifics of any matching or similar trademark applications previously filed with the Government.
When an original mark is applied for, the Examiner usually verifies all the information and gives the go-ahead to publish the mark in the Trade Marks Journal shortly after the application is filed. Any interested party may file an opposition to the registration of the mark once it has been published. If no one objects, the trademark registration certificate will be provided to the applicant with a 10-year lifespan.
In cases when two or more entities have filed for trademarks that are confusingly similar to one another, the registration process might be drawn out and expensive. As the Examiner’s judgement is final, the process may involve protests and hearings if there are comparable markings. The Trademark Examiner will issue a notice of opposition if the mark is found to be too similar to an already registered trademark. You have 30 days to react to the objection notice. In response to the notice, the applicant would be given a hearing date at which they might provide evidence of usage and make their case for the mark’s registration. If the Trademark Examiner raises any objections to your trademark application, we can file a reply on your behalf or represent you at any further hearings for an extra fee.
Benefits of Trademark Registration
Once the trademark has been registered, the registered trademark (R) sign may be used to alert the public that the mark is protected by law.
Legal recourse is available to the trademark owner in the event of trademark infringement. Redress can be obtained in court for trademark infringement and passing off. An injunction, monetary damages, or an accounting of profits may be awarded in the event of trademark infringement, with or without an accompanying order requiring the removal or destruction of infringing labels and markings.
TRADEMARK APPLICATION FEE ESTIMATES BY US
