A trademark popularly known as brand name is an identification symbol which may be word, a device, a label or numeral etc., or a combination thereof used in course of trade to enable the purchasing public to distinguish one trader's goods from similar goods of other traders. The symbol (TM) may be used along with the mark before its registration and the symbol (R) may be used after its registration.
A trademark may be your most valuable marketing tool. The public will identify a certain quality and image with goods and services bearing your trademark.
If you are thinking about new product or service and you should be thinking about a distinctive trademark under which to market it.
Before filling the application for trademark registration one must conduct a prior search. The prior search will provide information relating to similar or identical trademark that are pending or has already been registered. The search could also save your trouble and money by altering you to existing trademark which are also similar to the one plan to use, that you face legal action from the owners of those trademarks.
Once the search has been completed, the application for trademark registration can be filed with the trademark Registrar. The application for filing the trademark must be made in the prescribed manner and form and filed alongwith proper fees. Trademark application can be either filed online or through a trademark agent or attorney.
The Trademark Registration application must contain the following information:
Logo or the trademark.
The name and address of the owner of the mark.
Classification or trademark class.
Trademark used since date.
The description/ list of goods or services
TRADEMARK APPLICATION ALLOTMENT
Once the trademark application has been filed, an allotment number is assigned to the application in one or two days from the filing. Thereafter application can then be tracked online using the allotment number. Further after the receipt of the allotment number the owner of the trademark can use the symbol TM on its goods or services.
The Registrar of trademark depending upon the figurative element of the mark applies to the Vienna Classification of the trademark.
Once the Vienna Codification is completed, the trademark registration application will be allotted to a trademark officer in the Trademark Registrar Office. The trademark Officer would then review the application for its correctness and issue a trademark examination report. The trademark officer has the power to either accept or object the trademark application. If the trademark application is allowed it proceeds further for publication in the trademark Journal.
If the application is objected by the Registrar of Trademark, then the applicant for trademark has the right to appear before the Trademark Officer and address the objections. If the Office is satisfied with the contentions of the applicant, the officer will allow the application to proceed further for publication in Trademark Journal and If the officer is not satisfied, the application will be rejected and not proceed further but herein the applicant has the right to appeal before the Intellectual Property Appellate Board (IPAB).
TRADEMARK JOURNAL PUBLICATION
Once the trademark application has been published in the Trademark Journal, the application remains open to the public to file opposition/ objection if they believe that the mark would damage them in any way for a period of three months plus an extension of one month. If there are no opposition filed within this time frame the application would precede for registration.
If the trademark application is opposed by third party, hearing will be called for by the trademark Hearing Officer, who in turn will decide about the application. If any of the party is dissatisfied with the decision of the Hearing Officer it can apply to the IPAB.
Once there are no objections or oppositions for trademark registration application, the trademark manuscript and trademark certificate will be prepared and sent to the trademark applicant. Once the trademark certificate has been issued the trademark is considered to be a registered trademark of the applicant. The registration of the trademark grants the owner of the mark exclusive right over the mark. The symbol ® can be used by the registrant.
Our firm provides all the allied services related to Trademark Registration. The services provided by the firm are as follows:
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