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Online Registration Of Trademark In India
Every business has its unique name and every business wants to promote it and protect it. The brand name is the face of all business, it attracts customers, makes a profit for the business, enhances the market value of the company, building trust in the market among its stakeholders, these are the reasons why brand name protection is very important. The brand name and logo get protected by filing a trademark registration application under Trademark Act, 1999.
The brand name is a name of the business like “TATA”, “APPLE”, “FACEBOOK”, “ITC”, “NESTLE”, etc. these names have their value in the market and no other person can use these names without the authorization of the owner of these names because these are registered. Whereas the logo is an image or picture which is used to picture the product or business and it can also get registered under the trademark act.
The online logo registration can be filed by ...
... any person whether the person is an individual or an artificial person like a private limited company, LLP, section-8 company, society, trust, government bodies, partnership firm, HUF, etc. there is no restriction in such.
It will take around 12-18 months to get the registered trademark certificate if no objection is raised by either the government or by any third party. Once a trademark is get registered it will be valid for 10 years and before the expiry of this 10 years a renewal application shall have to file to renew the trademark. If the applicant fails to file the renewal application, then the registrar will remove the brand name from the registered trademark database.
Documents required for brand registration
Brand name or logo
Power of Attorney in the name of the lawyer or any agent registered with the trademark authority for filing the trademark application
Identity proof of the applicant
Certificate of small enterprises, if the business is registered under such law or scheme
Certificate of startup India, if the business is registered under startup India initiative.
Process of brand name registration
Name availability search: It is always better to check the availability of the name before filing the application because if the proposed name is already taken by someone else then the registrar will not approve the name and may reject the application. So, to check the availability of the name the government has provided the portal. How to check trademark name? - https://www.registerexperts.com/trademark/how-to-do-trademark-search/
Drafting and Filing of application: If the name is available the brand name registration process can proceed. The form TM-A shall be drafted will all the relevant information and the same shall be signed by the attorney or applicant itself. Once the form is completely drafted and signed it will be submitted to the IpIndia site.
Checking by Examiner: Once the application is submitted by the applicant then the examiner will check the application and all the details which are provided by the applicant. The examiner may raise the objection on the brand name and on that objection, the applicant has to file the reply and if the examiner satisfied with the reply, then the brand name will be published in the trademark journal for 4 months. If no opposition is raised by the other party in these 4 months, then the examiner will issue the trademark certificate and it will be valid for 10 years.
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