Trademark in India: Law and Procedure

For companies and businesses, the effort that is put in by the employees and the founders goes beyond just mental effort and physical energy that they use, it is also a big financial risk. A business is not easy to establish, and in all honesty, it is a gamble. So when the effort and finances put in by an entrepreneur are appreciated and recognized in the market, they have the right to be recognized for it. When a business’ services or products manage to carve a niche for themselves, they have the right to have their trademark registered.

A trademark can be a name, a word, a label, a device or a set of numerals. These are usually symbols that a company can use to mark their products and services with their identity or turn their products and services into their identity. It is possible for companies to be similar to other companies and for their goods and services to be so as well. This is where trademarks can be brought in. These can be used by companies to distinguish themselves and their products and services from others’. Companies can register their intellectual property under the trademark law in India.

TRADEMARK LAW IN INDIA

As previously mentioned, companies can use trademark on their intellectual property to distinguish themselves and establish their identity. Furthermore, where the company already has a registered trademark, they can use it to establish their brand more strongly with new products and services and to ensure that the competitors do not take any false claim or disuse their products. It helps to keep them unique.

The primarily condition for successfully registering your trademark is that it must be unique and it must be your intellectual property. Where it is fund that the product is similar or identical to a trademark that is already in existence, the proposed trademark will be rejected. Another such condition is that the trademark should not be generic, deceptive and offensive. The trademark can also not contain any emblem that is prohibited from such usage under the existing laws of the country.

The trademark law in India provides a proprietor with various benefits and advantages. For example, in case of infringement, the trademark owner can sue the person who infringes the trademark. It also prevents company’s competitors from engaging in any unfair trade practices. Trademark registration brings with it several special rights which are available only to the owner.

In some cases, registering your trademark in India makes it easier for you to attain international registration for protection across various jurisdictions. More than anything, the good will that company earns for itself is protected through trademark laws.

TRADEMARK PROCEDURE IN INDIA

To begin the process of trademark registration in India, one must first do a trademark search on the database of trademarks. This is important since this will help you to ensure that your proposed trademark is not similar to identical to an existing trademark. This is important since any similarity will result in objections and rejections of the trademark application.

The second step is to file the application for the trademark. This trademark application must be filed with the Trademark registrar. It must be made in the manner prescribed in the law and the fee for the registration must be paid with it. The following information must be contained in the application:

* The trademark or the logo.
* The name and address of the owner of the trademark.
* The trademark class or the classification.
* The date since which the trademark has been in use.
* A description of the product and service which is proposed to be trademark registered.

Once the application is filed in the due and prescribed manner with the Trademark registrar, the applicant will be allotted a trademark application number. This number can be used by the applicant to track the status of his application online. Following this, the Trademark Registrar is to apply the Vienna Classification to the proposed trademark. Upon the completion of this step, the application is allotted to a Trademark Officer who will inspect it before raising objections or rejecting it. When objections are raised, the applicant can present his case and give a justification. He may also file an appeal.

The final step in the trademark registration process in India is to publish the proposed trademark in the trademark Journal. This is done to allow the public an opportunity to raise any objection to it. The public has 90 days, and if no objections are raised in this time, the application is approved. A hearing can be called in case of objections by a third-party and the decision here can be appealed against to the Intellectual Property Appellate Board.

Trademark law in India can be difficult for everybody to follow and apply. The process of trademark registration in India can become confusing. At Company Vakil, we cater to all your trademark related needs. Our employees are well versed in the law of trademark and the trademark registration process. Our team also includes experts who can help you out with all your needs and make your experience extremely easy and hassle-free.

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