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Bengaluru, being a city meant for trade and commerce, has bunches of industries which are having similar areas of interests and expertise. Due to the larger population of the city, it is difficult for one to be identified among the crowds. With the increase in industries, which in turn increase the competition, Bengaluru has become a place of highly challenging environment for one to create his or her own place in the market. Meanwhile, using one’s name or brand or logo for establishing their goods or services into the Bengaluru market, has become a serious issue where one has to register their Trademark for preventing the same. Trademark registration online Bengaluru is done at Company Vakil where you receive an automated update at every step of your trademark registration.
There are many reasons for which Trademark Registration in Bengaluru is necessary:
Trademark registration is a long process involving multiple steps and a huge cost, which makes it difficult for new and small companies to get a trademark registered. Also, many do not want to indulge in the cumbersome process of doing everything themselves. Company Vakil helps provide services for online trademark registration in Bengaluru at affordable rates. It also provides hassle-free trademark registration online Bengaluru without stepping out of the house. Company Vakil has helped a number of start-ups in trademark registration process by offering hassle-free services.
Following are the steps involved in Trademark Registration in India :-
The first step in the process of trademark registration in Bengaluru is conducting a trademark search of the trademark database. This provides information about identical or similar trademark that has already been filed with the trademark registry.
After trademark search, an application is to be filed with the registrar along with payment of a fee for getting the trademark registered. A trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online.
A trademark registration application must contain the Logo or the Trademark, Name and address of the trademark owner, Classification or Trademark class, Trademark used since date (if any) and the description of goods or services.
After filing an application with the Trademark registrar, a trademark application allotment number is provided within one or two working days. After obtaining the trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.
The trademark registration application is allotted to a Trademark Officer in the Trademark Registrar Office. After that, the Trademark Officer reviews the trademark application and issues a trademark examination report.
The Trademark Officer has the discretion to either accept the trademark registration application or object upon the same. If the trademark registration application is objected by the Trademark Office, the trademark applicant has the right to appear before the Trademark Officer and address the objections. If the Trademark Officer is satisfied, the trademark is allowed for trademark journal publication. And in case if he is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
After acceptance of the application of TM registration in Bengaluru by the Trademark Registrar, the same is published in the Trademark Journal. The trademark journal is a record that contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public can object the same on the grounds that such registration would be against their interest or would cause any damage to them.
If the application of TM registration in Bengaluru is opposed, the Trademark Hearing Officer hears the parties, their arguments and evidence are presented before him. On the basis of arguments and the evidence presented, the Trademark Hearing Officer determines if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged in the Intellectual Property Appellate Board.
After all the objections or oppositions for the application of TM registration in Bengaluru have been solved, the trademark manuscript and trademark registration certificate are prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting him exclusive rights over the trademark.
The following are the minimum or basic requirements before TM registration in Bengaluru-
There is a list of documents required to be produced while getting a trademark registered
For an individual, either foreign national or Indian National or a partnership, the documents required to register a trademark are as under-
For Partnership, LLP and Company, a trademark registration fee is required to be paid that varies from Rs. 4500 to Rs. 9500. Apart from the fee, the following documents are required to be submitted-
For other applicants, including Companies that do not have Udyog Aadhar, following documents are required-
Trademark means any sign capable of being represented graphically, and of distinguishing goods and services of one undertaking from those of another. A trademark may consist of words, figurative elements, letters, numerals or the shape of goods or their packaging. It is an intangible asset. It is also an indication of the origin of goods and of their quality. It helps in distinguishing goods of one firm or brand from that of another.
Yes, a trademark search is an important step in the trademark registration process.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him can apply for a trademark by filing an application with the trademark registrar for the registration of the trademark.
Any alteration in the application or register is not allowed as it might change its identity. But in some cases, it might be permissible subject to the rules and existing laws.
A registered trademark can be removed from the register on the filing of an application to the registrar with relevant grounds. It can also be done suo moto by the registrar.
A trademark indicates the goods and services used by the business and also the person who has the exclusive right over the trademark.
A trademark identifies the goods or services and its quality. It also advertises the goods and creates an image for the same.
The penalty for using a false trademark is imprisonment for a minimum period of 6 months and a maximum of 3 years. It also includes fine not less than Rs. 50,000 which may extend to Rs. 2,00,000.
Registering a trademark is not compulsory, but it is advisable to do so as it provides a prima facie evidence of the ownership of the trademark
Yes, sound or smell can be registered as a trademark provided they are capable of being produced graphically.