Trademark

Trademark

A trademark in India is a sign or symbol used to distinguish the goods or services of one person or company from those of another. It can be a word, phrase, logo, design, or combination of these elements. In India, trademark registration is governed by the Trade Marks Act, of 1999 and administered by the Trade Marks Registry.

To register a trademark in India, an application must be filed with the registry, and the registration process typically takes several months to complete. Once registered, a trademark is valid for ten years and can be renewed indefinitely. Additionally, it is important to note that trademark infringement occurs when a third party uses a mark that is identical or similar to a registered trademark without authorization, and legal action can be taken against such infringement.

 

Process of filing a trademark in India

Process of filing a trademark in India involves several steps, including:

1. Conduct a trademark search: Before filing an application, it is important to conduct a search to ensure that the proposed mark is not already registered or pending registration by another party. This can be done by searching the Trade Marks Registry’s database or by hiring a professional service to conduct a comprehensive search.
2. Select the appropriate class: Trademarks are classified according to the International Classification of Goods and Services (ICGS), and an application must be filed in the appropriate class.
3. File the application: The application must be filed with the Trade Marks Registry and include the proposed mark, a representation of the mark, and details about the applicant and the goods or services for which the mark will be used. The application can be filed online or offline.
4. Examination of the application: The Trade Marks Registry will conduct an examination of the application to ensure that it complies with the requirements of the Trade Marks Act and that the mark is not identical or similar to an existing registered mark.
5. Publication in the Trade Marks Journal: If the application is accepted, it will be published in the Trade Marks Journal, and any opposition to the registration of the mark can be filed within four months from the date of publication.
6. Registration: If there are no oppositions or if any oppositions are overcome, the trademark will be registered and a certificate of registration will be issued.

It’s important to note that, the whole process might take around 12 to 18 months, depending on the complexity of the application and any opposition that may arise. It is also important to note that it is advisable to take the help of a professional, such as an IP lawyer, to ensure that the application is filed correctly and to navigate any potential legal issues that may arise during the registration process.