Trade mark is a visual symbol in the form of a word, a device or a label applied to the articles of commerce. It indicates the public about the goods manufactured or dealt in by a particular person as distinguished from similar goods manufactured or dealt in by other persons.
Trademark registration can be done for the following:
- Any word, title, symbol, heading, label, name, signature, numeral or any combination thereof.
- Any Slogan, Base or Punch Line, etc. which are used to highlight the products and services.
Procedure for Trademark Registration
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Trademark Search: It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.
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Filing of an application for registration by a person claiming to be the proprietor of a trademark, in the office of the Trade mark Registry, within the territorial limits of the place of business in India.
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Examination of the application by the Registrar to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report is issued.
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Publication of the application after or before acceptance of the application in the Trademark Journal.
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Opposition by third party: After publication if any person gives notice of his/her opposition to the registration within three months which may be extended to the maximum of one month.
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Hearing before Registrar: If the opposition has been decided in favour of the applicant of the registration of trademark, the Registrar shall register the Trademark.
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Registration of Trademark: On the registration of the Trademark the Registrar shall issue to the applicant a Trademark Registration Certificate.
Time span
The Trademark registration process will take approximately 30 to 45 days.
