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Trademark is an intellectual property. It ensures that a logo, symbol, sign or anything of the sort recognises a brand. It is legally registered using documents required for trademark registration, to represent and differentiate a company or establishment in the market with respect to its uniqueness.
To protect the brand from unwanted use or duplicate usage, obtaining a trademark through trademark registration is a must. It enforces your legal rights. The authorities do not grant trademark registration to the offensive, generic, deceptive marks or ones containing especially protected emblems.
The Controller General of Patents Designs and Trademarks under the Ministry of Commerce and Industry under the Trademark Act, 1999 register trademarks in India. A trademark once registered has a validity of 10 years; after which it can be renewed by the simple application of renewal of trademark.
Trademark Registration in India has been further simplified to ensure proper registration and also to encourage the same as it provides the legal right to the trademark holder to sue for damages for infringement.
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Any person who is an individual, company, proprietor or legal entity can apply for trademark registration under the Ministry. In general, the person who would be controlling the use of the mark or controlling the nature and quality of goods and services is required to register for a trademark.
It requires 18 to 24 months to complete the procedure for registration of trademark after which the brand can use the ™ mark or the ® mark which represents Trademark and Registered symbol respectively. The registration of the trademark can be done after the organization is using the trademark to obtain the legal remedy.
It is unlawful to use the same or similar trademark to cause deception, once the authorities assign a trademark. This can attract legal consequences.
A Trademark is required to be registered with the Ministry and you can submit for registration of a trademark with the help of the following documents:
You do not need to submit the power of attorney at the time of the application. It can be submitted later with no further additional costs.
Note: If you are claiming priority from an earlier filed application, the details for the same is required to be submitted like the application number, filing date, country and goods or services. You will need to submit a certified prior document with the Trade Marks Office. This should be done within 2 months of the filing of the applicant.
You would require a certified English translation if the certificate is in a language other than English. During the whole process of application, it is not necessary to submit original documents. Scanned copies of the documents suffice the purpose of the application.
Once the registration of the same is done, it ensures that your legal rights are intact and can be enforced against any infringement of trademark. It is recommended that while filing for a trademark, a search shall be done to ensure that the mark is not similar or deceptive in any manner.
The research can be done through the online portal which provides easy access to registered trademarks online. The application of trademark is a careful step in establishing a brand and shall be done keeping the whole process in mind.
Written by: Anmol Srivastava