The online trademark registration process in India
Trademark registration is important to make sure that the right to use a symbol for various purposes rests only with that company. It gives legal protection from misuse by any third party.
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The trademark makes an image for themselves in the market for the company. They function as a relationship between the consumer and the company. The trademark registration services in India help in securing the trademark from any forge. Every company or manufacturer needs a rock-solid trademark to outsmart the other competitors and have the most of the engagement with the audience.
Once your trademark is registered it gives you the exclusive rights to use that symbol with your company name and brand. Trademark registration is major for every business it creates special identity to the business. ISO certifications related about all maintains of standards and quality in your manufacturing process. ISO certification internationally recognized for excellence. This is very friendly service is what most customers look around for in the present.
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In India, trademark law is defined by the Trademark Act, 1999. It is legally administered by the Controller General of Patents which is a government agency, Department of Industrial Policy and Promotion. It is headed by the Ministry of Commerce and Industry.
The law was amended in 2002 to include a total of 45 different classes which includes different types of companies under different classes.
Process for trademark registration
1. Trademark search
It is the first process where the business owners make a symbol and also do an initial checking with the trademark records registry so that there is no conflict of trademark symbols with other companies.
You can do this search by finding the register online. For better clarifications and exhaustive search, it is recommended to hire a lawyer.
2. Filing form TM-1
This is the form filling process. The form TM-1 is mainly divided into three parts-
- The mark to be registered
- Information about who will be the owner of the trademark
- The type of industry which is defined in the 45 different classes
For online form filing, you need a class III digital signature certificate. Once your form filing is complete you submit it to the registrar.
3. Issuance of the examination report
The registrar checks for the uniqueness of the mark and the name by checking the registry once again and with the pending forms as well.
If there are any objections from the registrar the same is communicated to the applicant in writing.
The applicant has to rectify the objections within 3 months and resubmit the form.
4. Advertisement of the mark
Once the registrar completes their checking the mark is published in the trademarks journal. This gives the other companies to make sure that they don't have any objections with the registering of your mark.
5. Registration of the mark
Finally, after around 9-10 months if no one has challenged your mark it is registered in the records and you get the registration certificate.