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The Trademark registration procedure in India is based on the ‘first to file’ system. A trade mark can be represented graphically in the form of your company's logo or a signature, services, name etc,. Trademark registration offers a better legal protection for an action for infringement.
The Trademark registration procedure in India is based on the ‘first to file’ system. A trade mark can be represented graphically in the form of your company's logo or a signature, services, name etc,. Trademark registration offers a better legal protection for an action for infringement.
The Trademark registration procedure in India is based on the ‘first to file’ system. A trade mark can be represented graphically in the form of your company's logo or a signature, services, name etc,. Trademark registration offers a better legal protection for an action for infringement.
WHAT IS TRADEMARK A trade mark is a visual symbol which may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colours used, or services, or other articles of commerce to distinguish it from other similar goods or service originating from another. A trade mark provides protection to the owner of the mark by ensuring the exclusive right to use it or to authorize another to use the same in return for payment. The period of protection varies, but a trade mark can be renewed indefinitely beyond the time limit on payment of additional fees. Object of Trademark Laws The object of trade mark law is to protect the rights of persons who manufacture and sell goods with distinct trade marks against invasion by other persons passing off their goods fraudulently and with counterfeit trade marks as those of the manufacturers. Normally, the remedy for such infringement will be by action in Civil Courts. But in view of the delay which is incidental to civil proceedings and the great injustice which might result if the rights of manufacturers are not promptly protected, the law gives them the right to take the matter before the Criminal Courts, and prosecute the offenders, so as to enable them to effectively and speedily vindicate their rights. The trade mark law in India is a first-to-file system that requires no evidence of prior use of the mark. A trade mark application can be filed on a proposed to be used or intent-to-use basis or based on use of the mark. Registration of Trademarks The registration procedure in India is based on the first to file system. It is therefore important that the rights holder applies for the registration of its mark as soon as possible. The registration of trade mark in India normally takes about 1 to 2 years for registration, if there is no objection for the said trade mark. Before applying for a trademark it is prudent to make a trademark search, which is nothing but an inspection of the already registered trademarks to ensure that the registration may not be denied in the view of resemblance of the proposed trade mark. Who can Apply for Trademark?
As per Section 18 of the Trade Marks Act, 1999 any person claiming to be the proprietor of the trade mark used or proposed to be used by him may make an application in the prescribed manner for registration of his trade mark.
Person means any individual, association, company or association of persons or society, HUF, Partnership Firm, whether registered or not. Examination of Trademark Application After the application has been filed, the Trade Marks Office reviews it to ensure that it is complete in all respects and thereafter allots an application number to the applications. If the trade mark is registered, the application number becomes the registration number.
They issue an examination report and the Applicant must respond to the objections that have been raised in the examination report within a period of one month from the issuance of the examination report.
Based on the response to the examination report that has been filed by the Applicant, the Registrar of Trade Marks determines if the application should be refused, accepted for advertisement, accepted subject to certain limitations or put up for a show cause hearing, during which the application might be accepted, rejected or accepted subject to certain limitations.
Within three months of the publication of the trade mark in the Trade Marks Journal, should the trade mark not be opposed by a third party, it will proceed for registration and the Trade Marks Registry will accordingly issue a registration certificate. End Note
The registration of a trade mark confers on the registered proprietor of the trade mark the exclusive right to use the trade mark in relation to the goods or services in respect of which the trade mark is registered. While registration of a trade mark is not compulsory, it offers better legal protection for an action for infringement.
The registered trade mark continues to enjoy all the rights which vest in an unregistered trade mark. By registration the proprietor of an unregistered trade mark is converted into proprietor of the registered trade mark. Contact Us
To know more about trademark registration at www.dobizindia.in