What is the Process of Trademark Registration in India?
In India trademarks are registered under TradeMarks Act, 1999. A trademark is a unique mark which once registered with the Trademarks Office provides exclusive rights of use to the proprietor. The mark can either be a name, logo, word, letter, signature, number, alphanumeric, sound, design, pattern, or a combination or words, letters, designs, numbers, sounds and patterns. Once the availability of the mark is finalized the proprietor can begin the process of trademark registration in India.
Trademark registration is not mandatory but it is advisable as it lends credibility to the brand in making. Until your trademark is registered you can use TM as a superscript and once its registered you can write R in a circle on top of your mark in the right hand corner. There are 45 pre-existing classes and registration of a mark is only done in its relevant class.
Trademark registration can be done in any of the five offices around India either online or through a lawyer. The registration process involves filling an application form which asks you to quote the class under which mark is to be registered along with the mark to be registered, name and address of the applicant/ proprietor, description of goods and service and trademarks used since date.
Upon filing the application form, an allotment number will be provided to you within one or two working days. Registration of trademark is a tedious process and can even take upto 2 years. Trademarks registered under the Act are valid only in India and if one wants to get international registration it must be done as per Madrid Treaty.
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As per the Act, trademarks are registered for a maximum period of 10 years. Upon completion of the term one must get it renewed. Every renewal is done for a period of 10 years and there is no bar on the number of renewals.
Once a trademark is registered the notice is published in the Trademarks Journal. If there is no objection within 90 days of publication the trademark will be registered in the name of proprietor within the next 12 weeks.
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