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Now, the origin of trademark registration dates back to British times. And it was during that time when proper law relating to trademarks came into force in 1940 through the Trade Marks Act, protecting the interest of consumers and businesses and organizations. It laid down a basis for the present structure of trademark registration in such a way that businesses were allowed to achieve protection for their identity.
After the country got liberated, the Government passed the Trade Marks Act of 1999. It merged two things, modernization and simplification, to the process of registration. Not only was it a piece of legislation that accorded more rights to trademarks but also brought synchronization of Indian laws with international standardization so that the whole process became more transparent and easy to follow.
Purpose of trademark registration multi-facets its purpose:
Registration of the trademark in India should ideally entail a step-by-step procedure as given below:
A search should be made before applying for the registration so that the trademark applied does not already exist.
An application shall include the details such as applicant's name, mark and the products or services under which such mark is proposed to be used.
Once an application for a trademark has been filed, the Controller General of Patents, Designs, and Trademarks searches with the trademark registry to ensure that it meets every requirement laid by the law to get registered.
In case of grant, the applicant registers the mark in the Trademark Journal.There exists an opportunity for outside parties to oppose registration if its mark would be likely to cause confusion with marks already registered.
Unless opposed and then decided in favor of an applicant, the process of registration of a trademark issue results in a certificate.
Therefore, a logo has to be registered as part of a trademark. A logo represents the graphic identity of a brand and a logo is crucial in terms of the consumer's perspective. The registration of a logo provides legal protection but ensures that the brand identity stands unique among other brands in the market.
Brand registration is considered not only a trademark but an entire branding strategy. That can include a trade dress, packaging, or even slogans. A fully registered brand promises more visibility in the market and higher loyalty among customers.
Trademark registration scenario has seen a turnaround across the years that technology has entered India. Online filing systems have made the whole process more efficient with reduced paperwork and lesser time span in processing. Moreover, e-platforms facilitate searching for trademarks which in turn help trade in its correct search and due diligence before an application is filed.
Trademark registration essentially covers a great majority of the process of building and protecting a company's identity in today's competitive business climate. This includes brands and logos. Think of such a scenario; it is a must that business owners or entrepreneurs who aim to be at the forefront of things gain an insight into the history, present processes, and the changes that are likely to occur in trademark registration.
With LegalRaasta Technologies Pvt. Ltd. ensure trademark registration safeguards the interest of a company and creates a solid foundation upon which to be built and recognized within the marketplace.
In this way, the concept of trademark registration may be understood by business such that they could navigate the complex issues of brand protection through this nuance so that what was hard-earned with much effort remains to thrive in the vibrant Indian market.
LegalRaasta was founded on the principle that sophisticated legal and taxation services should be simple, modern, and inexpensive. We can serve our clients more efficiently thanks to cutting-edge practise technology.
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