The process of registration of trademark gets initiated with the filing of a Trademark Application before the appropriate office of the Registrar of Trademark. The trademark application can been filed as an ordinary trademark application in Form No. TM-1 with a prescribed fees of Rs. 4,000/- for application in one class. If a TM application is to be filed in multiple classes, then said fees of Rs. 4,000/- to be paid for each such class. However, by paying 5 times of the normal filing fees.
The expedited examination of trademark application can be requested in Form No.63 wherein the applicant had to give specific reasons as to why the application should be examined on fasttrack basis. Based upon the submission in the fast track application if the registrar is convinced he may order an expeditious examination of trademark application. The examiner of trademarkshall therefore examine the mark and issues an examination report within a period of 3 months.
The Registrar of Trademark maintains a register of all trademark registered in India or applied, the same can be searched to ascertain whether the applicant's trademark is same or similar to any other mark which has already been registered or which is pending before the Registrar Trademark for its registration. A thorough search must be conducted in all classes of trademark to ascertain the same.
Advantage of Trademark Registration | Brand Name Registration | Logo Registration
Registration of trademark confers exclusive right on the owner of the Trademark to use it exclusively or to allow some other person to use the same at a price. For any unauthorized use of trademark infringement proceeding may be initiated against the wrong doer.
Trademark gives a unique identity to the brand, product or the business name. After it gets registered the competitors can not copy or use your brand or logo. The uniqueness must be claimed at the earliest and before any one else does it
Creation of An Asset
Trademark is considered as an intellectual property rights which is in the nature of an asset having pecuniary value. It can be sold or licensed for further generation of funds. By registering a trademark thus the owner creates an asset having value
Trust or Goodwill
The trademark refers to a mark which traces its origin to the producer, manufacture or service provider of the good /services. Over a period of time the brand acquires a reputation which we commonly say as goodwill or trust towards the brand in public
Global Trademark Registration
Withe the ratification of Madrid Convention, Now we can file trademark application in other countries from India, thus the registered trademark can be protected globally. However for all countries a separate fee is required while filing the International TM application
Affix (R) over the Trademark
The owners of the registered trademark can affix a symbol (R) over their trademark, which is a notice to the public that the mark is owned by some one and the any copying shall mean an infringement and appropriate action shall be taken.
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