It is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular type from those of others. The owner of the Trademark can be an individual, Company, Firm, or any other entity.
To make your product distinguishable from others you
must have obtained Trademark, it helps to separate your product from others
Otherwise competitors could use identical signs for the same or similar goods
or signs so similar that the consumer would be confused as to the origin of the
goods.
If the consumer eventually realizes that he has been
led to buy the wrong product by a trademark confusingly similar to the one used
for the product that he intended to buy, it would be difficult for him to take
action against the infringer of the genuine trademark. It is therefore
recognized practically everywhere that the owner of a protected trademark must
have the right to prevent competitors from using identical or confusingly
similar trademarks for goods identical or similar to those for which he uses
his trademark. This is the so-called exclusive right of the proprietor of the
trademark.
A trademark can be protected based on either use or
registration. Use does still play an important role, however: first of all, in
countries that have traditionally based trademark protection on use, the
registration of a trademark merely confirms the trademark right that has been
acquired by use. Consequently, the first user has priority in a trademark
dispute, not the one who first registered the trademark.
Advantage
- Exclusive rights for goods & service
- Creation of assets
- Protection against infringement
- Create a Separate identity.
- It helps to protect your Brand.
Ex- If you get a trademark for Adidas then no one
can use that name to sell their products of the same class in which Adidas is
registered.
Trademark is segregated into 45 different classes,
out of which 34 classes are for products and 11 classes are for service
category.
You can search your trademark availability on the
website- www.ipindiaonline.gov.in
Procedure for Applying for
Trademark
ü Applicant can apply
form TM-A either online or offline, either in a single class or multiple
classes.
ü Govt. Fees;-
o In case of Companies-
Rs 9000/ application/class (After getting MSME registration, filing fees
reduced to Rs 4500).
o For others- Rs 4500/
application/class.
ü After filling an
application applicant can affix the TM symbol next to their wordmark/logo.
ü On
receipt of the application, the department examines the application and may
accept or oppose the same based on their satisfaction.
o If
it is opposed by the registry same will be communicated by the department, and
the applicant shall give a reply within 30 days from the receipt.
o If
it is accepted, then the registry moves forward to advertise the trademark in
the trademark journal.
ü If
no objection is raised by the public, then a TM certificate will be issued.
ü If objection is
raised by public .The examiner will provide the applicant due opportunity to defend his
application as per the process laid out under the Act.
ü The
applicant can file a counter statement within 2 months from the date of receipt
of the notice.
o If
a counter-statement is accepted by the department, then TM Certificate will be
issued.
o If
it is not accepted, then the Trademark application got rejected, and remove
that name from the Trademark journal.
ü If
the reply to the examination report is not filed within 30 days of notice/or by
the extended time, the Trademark application shall be marked as abandoned by
the Trademark Registry.
ü Applicant
can apply for an extension of time for filing a reply in Form TM-M with requisite (₹900.00).
ü If
the Reply to Trademark Examination Report is not accepted, reply filed, the
trademark status will get changed to “Ready for show cause hearing” and
in a few months hearing notice will be issued inside which the date and time of
the hearing will be mentioned.
o If upon hearing registrar
decides to allow it, then a letter of acceptance will be issued, and the
trademark will be advertised in the trademark journal.
o If it is not allowable then the applicant may file an appeal to IPAB.
ü Trademark will be renewed every ten years. If it is failed to renew then he shall lose all the protection that comes along with registration.
Don’t worry to get this service for your business. There are many taxation firms and consultants are available all over India to execute this service. You have only one task to choose the right one to serve you properly. Genserve is an experienced trademark registration service provers in Patna, Kolkata, Chhatisgarh, Madhyapradesh, and Uttarpradesh. We have specialized trademark registration consultants to complete this registration process smoothly.
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