What is Trade Mark ?
What is Trademark?
A trademark is any word (PEPSI), name (TATA), symbol or device (Microsoft), slogan (Yeh Pyaas Hai Badi & Thanda Matlab Coca Cola), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound (Britannia chimes) color combination, smell or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.
Benefit of Trademark Registration
- Constructive notice of ownership of the Trademark
- ™ and ® is Prestige of your Brand and your Company
- Its ownership and get exclusive rights over your trademark.
- You can sale your Trademark ™ and ® and/or give license to other company to use your Trademark and get Royalty for the same.
- The exclusive right to use the registered mark in commerce in connection with the goods or services specified in the registration
- Establish the Goodwill and incontestability of rights in the registered mark
- No one can make a copy of your trademark; if some one copy then you can take legal action against them and ask for damages.
- Sue for counterfeiting of the registered mark and to obtain both civil and criminal penalties against counterfeiters
- Similar advantages can be obtained from registering a trademark in most other countries of the world. In some countries, a registration is a requirement for any enforcement activities. Since the advantages necessarily vary from country to country.
Document for Trademark Application
- Two Passport size Photo
- Pan Card Copy
- Address proof
- Firm/Company/etc. Registration Copy ( In Case of Products/Servcies)
- Color Logo/Name on your Letter Head
Duration of process of Registration
Time taken for application for registration is 7 working days from the time you appoint us for the work.
Time taken for certificate of Registration of trademark is about 18 to 20 months.
Steps of Process of Trade Mark
The following steps are involved for trademark registration
- Search has to be made.
- In case the search result is positive, we make application for trademark in form TM – 1.
- Once application is made, the acknowledge copy of Additional Representation is received from Trade Mark department.
- The next step is getting examination report and formality check report from the department wherein any objection or clarification is sought by the department
- A reply has to be made for the same within 1 month and 15 days respectively.
- If the TM department is satisfied, the mark is advertised before acceptance in the trade mark department.
- In case they still are unsatisfied with the reply, they call for hearing upon which it is decided whether the case is fit for advertisement or not.
- Once the mark is advertised in trademark journal, there is 4 months time for others to object the mark.
- If no objection is received in 4 months time, the Registrar issues the certificate of registration.