Trade Mark Registration by binoychacko


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									Trade Mark Registration

I. What is Trade Mark
A Trade Mark is typically a name, word, phrase, logo, symbol, image or a
combination of these to distinguish a company’s products and services from those of
others. A Trademark is also used as a marketing tool for creating awareness and
recognition of products or services among customers.

A Trademark is the intellectual property of its holder; and ownership of a
Trademark flows from the business usage of the trademark.

All trademarks cannot be registered; the following conditions must be met to
facilitate trademark registration:

      It should be distinctive; and

      It should not:

              Describe the goods or services or any characteristics of them;

              Be a name that is customary in the line of trade;

              Be an emblem specially-protected by the government;

              Be offensive;

              Is against the law; or

              Deceptive.

II. Benefits of registration
Registering a trademark gives the owner exclusive right to use the mark for their
products and/or services. If the trade mark is registered, the owner can use the
symbol ®. In the case of trademarks for which a registration application is filed, the
symbol ™ can be used.

Using these symbols for unregistered trademarks or in cases where no application
for registration is filed, is an offence.
III. Trademark Search
The Trademark Registry provides a ‘search’ facility to check whether a similar
trademark is already registered or an application is filed.

The search results indicate the possibility of obtaining and registering your desired

IV. Trademark Registration Process
Step 1:

         Classification of Goods and Services

          The entire range of goods and services is categorised into 45 Classes under
          trademark laws. The applicant needs to identify the correct and relevant class
          in which the trademark should be registered. This is crucial since trademark
          protection is accorded only in the selected class. If the same trademark mark
          is used to identify goods and services that fall under different classes,
          separate applications for each class should be submitted.

         Filing of Trademark Application

          Once the classification is complete, an application should be submitted to the
          Trademark Registry along with prescribed details such as the applicant’s
          name and permanent address, the chosen trademark; goods and/or services
          relating to the chosen trademark, and any other relevant information; along
          with the specified filing fee. Image(s) of the trademark, if available should
          also be filed with the application.

Step 2:

         Examination of the application

          The concerned trademark examiner reviews the application and prepares an
          examination report. This process usually takes 8–10 months. The report
       confirms validity of the submitted application or alternatively, states any
       objections and/or other queries the examiner may have.

       In case of the latter, i.e. if objections and queries are raised by the examiner;
       the applicant must respond within the stipulated time, else the application is

      Publication of Trademark

       If there are no objections or if the applicant’s responses to raised objections
       are accepted by the Registry; the application is published in the Trademarks
       Journal, along with all relevant details, including the applicant’s name and
       address, trademark image, etc.

       Any person, organisation or other entity can file their opposition to the
       published application within three months from the date of publication in the
       Journal. Objections can be raised in instances where the proposed trademark
       is identical to or closely resembles a registered trademark. Where such
       opposition is raised, the applicant needs to counter the opposition and the
       final decision in such matters is made by the Trademark Registry.

       It is important to note that if the Registry’s decision is in favour of the
       opposing party, the proposed trademark is not registered and moreover, the
       applicant may be required to pay costs incurred by the opposing party.

      Registration of Trademark

       If there is no opposition raised within the stipulated period, the trademark is
       registered and a registration certificate is issued by the Trademark Registry.
       The registration certificate is valid for a period of ten years. Upon expiry,
       registration should be renewed by filing an application and paying the
       prescribed renewal fee.

Usually, the trademark registration process in India takes around 16 to 18 months.

V. Fast-Track Trademark Registration
Businesses looking to fast-track the trademark registration process will need to remit
an amount equal to five times the regular registration fee.
The Trademark Registry takes up the examination of such applications immediately
and the examination report is provided within a period of three months. Thereafter,
publication of the trademark application is also expedited, subject to the Registry not
raising any objections.

By following this expedited application process, the overall time for completing
trademark registration can be reduced to 6 to 8 months.

VI. Company or LLP Name, Domain Name and Trademark
Registering a company or LLP name provides partial protection from a third party
using the same or similar name for their company or LLP. Where such a situation
occurs, the affected party can initiate action for seeking relief under relevant
provisions of the Companies Act or LLP Act.

Similarly, registering a domain name provides protection against misuse of the
name, so long as the registration is valid. In both cases, exclusive usage and
protection are not guaranteed.

However, trademark registration provides the maximum protection for a name or
brand, because the trademark holder gets the absolute ownership of such marks for
use in particular class/classes of products or services, as long as the registration
process is complete.

In the event that no company and/or domain name is registered, a registered
trademark holder enjoys the unrestricted right of restraining any third party usage
of the trademark name, even as a company, LLP or domain name.
VII. Register your Trademark

CompaniesInn provides Trademark Registration and Follow-up service at a minimal


   a. Classification of Goods and Services

   b. Filing of Trademark Application to the Registry and obtain acknowledgement
        of filing.


        In case if there is any objection from the Registry or a third party, the matter
        to be taken up with the registry and requisite submissions have to be filed
        with documentary proof to establish the applicant’s claims to further process
        the application.

For any clarification contact:

                         - Helpdesk

             #48, 100Ft Road, Opp to Kendriya Sadan, Koramangala, Bangalore – 560034

                     Mobile: +91 98452 13333; Mail:


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