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Trademark Registration Application
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How Does It Work ?
Trademark Registration In India
Trademark registration in India is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The process of registering a trademark in India involves filing an application with the Indian Trade Marks Registry, which will then conduct a search to ensure that the mark is not similar or identical to any existing trademarks. If the mark is accepted, it will be published in the Trade Marks Journal for opposition. If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered. Once registered, a trademark is valid for ten years and can be renewed indefinitely for periods of ten years each.The trademark should be distinctive and should not be similar or identical to any existing trademarks. It should not be offensive or contrary to public policy. It should also not be misleading or generic.It should be noted that the process of registering 3D, smell, taste and ascription as a trademark is a bit complex and it’s recommended to seek expert help.You can register a trademark for goods and services in India, which includes a wide range of products and services in various categories as per the international classification of goods and services.
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What can you register as a Trademark ?
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Wordmark / Name / Phrase
A trademark word is a word or phrase that is used to identify and distinguish a company’s products or services from those of others. It can be a single word, a combination of words, or even a phrase. Examples of trademark words include “Coca-Cola” for soft drinks, “Nike” for athletic footwear and apparel, and “Google” for internet-related services. Trademark registration for words is the most common form of trademark registration, as it is relatively simple and straightforward. The main purpose of registering a trademark word is to protect the brand and prevent others from using it without permission. Once a word is registered as a trademark, the owner has the legal right to prevent others from using it in a way that is likely to cause confusion among consumers.
Logo / Symbol / Device
A trademark logo is a visual symbol or design that is used to identify and distinguish a company’s products or services from those of others. Logos can include a combination of words, images, colors, and other design elements. They can be simple or complex, and can be used on packaging, advertising, and other materials associated with a company’s products or services. Examples of trademark logos include the golden arches of McDonald’s, the apple with a bite taken out of it of Apple Inc. and the swoosh of Nike.Trademark registration for logos can be a bit more complex than for words, as the design must be distinctive and should not be similar or identical to any existing logos. Once a logo is registered as a trademark, the owner has the legal right to prevent others from using it in a way that is likely to cause confusion among consumers.Having a registered trademark logo provides legal protection and exclusive rights to use the logo to distinguish the company’s products and services from those of others. It also helps to build a reputation and brand recognition in the market.
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Colour, Smell, Taste Etc.
Trademark registration for 3D shapes, smells, and tastes is possible in India, but the process is a bit more complex compared to registering a word or logo as a trademark.3D shapes refer to the three-dimensional form of a product, such as the shape of a bottle or a car. In order to be eligible for trademark registration, the shape must be distinctive and should not be similar or identical to any existing 3D shapes.Smell and taste trademarks refer to the unique scent or flavour associated with a product. These types of trademarks are relatively rare, but can be registered under the Trade Marks Act, 1999 if they meet the requirements for distinctiveness and are not similar to any existing trademarks.The registration process for these types of trademarks typically involves submitting a detailed description and demonstration of the scent or flavour, along with any other relevant information that establishes the distinctiveness of the trademark.It should be noted that the process of registering 3D shapes, smell, taste, and ascription as a trademark is a bit complex and it’s recommended to seek expert help.
How to Register a Trademark in India ?
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Step 1: Conduct Trademark Search
Before filing an application, it is important to conduct a thorough search of existing trademarks to ensure that the proposed mark is not similar or identical to any existing trademarks..
Step 2: Trademark Class & Drafting
The selection of a trademark class is an important step in the process of registering a trademark. A trademark class is a category of goods or services that the trademark will be used for. There are 45 classes of goods and services in total, as per the International Classification of Goods and Services (ICGS) under which all trademarks are registered..
Step 3: File a Trademark Application
Once you have confirmed that the proposed mark is available, you can file an application with the Indian Trade Marks Registry. The application should include the proposed mark, a list of goods and services that the mark will be used for, and the applicant’s details.
What Happens After Trademark Application ?
Examination of the application:
The Trade Marks Registry will conduct an examination of the application to ensure that it meets all the required criteria. If the application is accepted, it will be published in the Trade Marks Journal for opposition.
Oppositions & Objections
If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered.
Grant Of Registration
Once the application has been examined and accepted, the trademark registration certificate will be granted.Trademark registration in India is valid for ten years and it can be renewed indefinitely for periods of ten years each
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Documents & Information Required For Trademark Application
Logo / Brand Name
Applicant Documents
Services / Goods
Details Of Use
How long will it take to register a Trademark in India ?
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Trademark Search
Same Day
Drafting & Filing Application
Same Day
It is important to note that the trademark application will take a few days to complete but the process of registering a trademark can take several months to complete, and it’s recommended to seek expert help if you have doubts or questions. Once the Trademark is applied following happens:
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