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Trademarks serve as distinctive, particular indicators that help customers recognize products or services that belong to a specific business. They could be phrases, images, signs, or even designs. It is significant because it sets your items apart from those of your competitors. It could have something to do with your registration of brand or product. Due to their status as intellectual property, trademarks are shielded from infringement. Rights associated with trademarks are safeguarded by the Trademarks Act of 1999.
To be protected by a trademark, one must register the trademark. It is essential to register your trademark since it prevents unauthorized users from using it to falsely represent themselves and other goods. Trademarks, such as the tick symbol for Nike or the leaping wildcat for Puma, enable consumers to quickly recognize a company and its values. Trademarks don't have a set expiration date like patents do. In contrast to patents, which expire after 20 years, trademark registrations expire after 10 years; however, unlike patents, trademarks can be renewed for an additional 10 years. This procedure can be carried out forever, so long as you maintain renewing the trademark, it will remain protected by the Act and never expire.
You are safeguarding your company's name, reputation, and ideas—all of which you have probably put a lot of sweat, tears, and blood into developing—by filing for a trademark. Not safeguarding your brand registration and maybe facing an infringement action from a larger firm would be the worst case scenario, even though the trademark registration process itself will take some time. With the trademark registration online (IP India online), brand trademark registration within India is now easy and possible. You can trademark any of the following items, or even a mix of them:
The owner of a trademark may submit an application to register it. Once a trademark is officially registered, the person whom the name appears as the applicant on the Trademark Form for registration will be recognized as the legal owner of the property. Any person, business, or limited liability partnership (LLP) may apply and submit an application for a registration of a certain trademark.
The Trade Mark Registrar Office is responsible for trademark registration. There are several procedures to follow while registering a brand through trademark.
This is the simplest and most efficient method for any novice to obtain a memorable, fashionable, and intriguing brand name. Since most commonly used names are already in use, choosing a quirky and wacky brand name is undoubtedly a smart choice. To be sure you are not selecting a brand name that's already in use, you must conduct a little investigation before deciding on a specific name. The best thing about this is that you can combine some of your own words with generic ones to create a distinctive brand name for yourselves.
The application for online trademark registration must be submitted with the following supporting documents:
The application for trademark registration (form TM-A) can be filed in two different ways: manually or electronically. If you select "manual filing," you will need to physically transport and deliver your registration application to the Registration Office of Trade Marks, which is located in one of India's main cities—Delhi, Mumbai, Kolkata, Ahmedabad, Chennai. Following that, you will need to wait a minimum of 15 to 20 days before getting an acknowledgment. However, if you use an electronic filing system, the government website will quickly provide you with a receipt of acknowledgment. You may use our TradeMark (TM) mark next to your brand name as soon as you receive your acknowledgment.
The Registrar of Trademarks will review your application after it is sent to see if you have complied with the requirements and if your brand name is legal. Additionally, there shouldn't be any similarities or exact matches to any registered or pending brands. That's why we thought it would be best if you went with a funny brand name.
Your brand name will be released to your trademark journal by the Registrar of Trademarks following the examination procedure. This is unquestionably the most significant aspect of registering a brand through trademark, and after four months of publication, there shouldn't be any opposition. The Trademark Registrar will issue the Trademark Registration Certificate if there is no resistance.
The Registered Agent of Trademarks will provide you with a copy of the notice of opposition if there is any resistance raised by a third party within four months of your trademark is published in the trademarks journal. Within two months of receiving the opposition notice, you must file a counterstatement in response to it. Should you fail to provide the counterclaim within a two-month period, the trademark application shall be deemed abandoned and denied.
If, during the allotted four months, no objection is lodged, or if your trademark application is accepted following a trademark opposition hearing, the Registrar will grant your application. Whoa! When the Registrar delivers the Registration Certificate bearing the Trademark Registry seal, this will be your happiest moment.
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