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Trademark Registration In India To Deserve Trade EscalationBy Expert Author: Trademark Search
So do you run a company? Are you planning to launch a start up? If yes, you should consider getting a trademark. In simple terms, a trademark is a logo, sign, name, design or a combination of all these features that represents a business, product or company. A trademark distinguishes your business from the rest and also enhances its brand value. However, it is wise to get your trademark registered to deter other entities from using your trademark illegally. Registering also prevents brand piracy. In India trademarks registration comes under the Trademark Registry Act, 1999. Registration is a fairly simple and hassle free process. The detailed process is described here. One has to file an application for registration in the office of the trademark registry situated in Delhi, Kolkata, Mumbai, Chennai or Ahmadabad. You can file such an application yourself or take the help of a legal agent. However it should be kept in mind that the agent in question must be registered under the Trademark Registry Act, 1999. The application should be made in writing in the prescribed TM-1 application form and should be addressed to the Registrar of Trademarks. One must also conduct a pre-filing search. A pre-filing search is where the applicant goes through the official website to make sure that the trademark he/she plans to use is unique and doesn’t have similarity to an already registered trademark. The following documents should be submitted while filing the application-
1) The image of the trademark in electronic form (i.e. in JPEG format).
2) TM-48 form of authorization.
3) Name, address and contact details of the business owner who wishes to be the proprietor of the logo.
4) Valid proof of identity and address such as passport, Photo voter ID card, PAN card etc.
In addition to submitting all the relevant documents, one must also pay an initial fee of Rs. 2500. After the receipt of the application, the trademark registry office will hand over an official receipt along with a unique TM number for future use. The trademark registry officials will then examine your trademark for authenticity, uniqueness or any conflicting issues. Shortly after, an examination report will be filed usually within three months. You will be intimated about the details of the report either through a hearing or through an affidavit. If everything is perfect, you trademark will be granted for a period of ten years. However, one can renew it upon completion of the ten year term by paying the requisite renewal fee of Rs. 5000. A registered trademark can also be rectified of modified by paying an amount of Rs. 3000. But now-a-days, to speed up the application process the Trademark Registry office has introduced the system of e-filing. An applicant can visit the official website and fill up all the online application form and submit all the requisite documents. The fees can be paid either though net banking or credit/debit card. You will receive a TM number and an acknowledgement receipt. Verification process takes place in the next few days to ascertain whether the trademark is genuine and unique. If no conflicting issues are found the trademark is registered and the rights to use it are granted to the applicant.
Thus, trademark registration is a fast and simple process. However one must comply with the guidelines of the Trademark Registry office and submit all the documents to ensure the registration process is successful.
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