A trademark is a word, logo, number, slogan that separates the products and services of one business from the registration of another trade, giving the owner of the trademark the legal right to exclusive use of the markings. It currently takes about 2 years for trademark registration to take place in India; however registration is effective from the date of filing the trademark application.
Procedure for trademark registration
Stage 1: trademark search
Trademark Registration in Hyderabad is done before taking any further steps for a trademark application, it is important to create a trademark search from a trademark database provided by the trademark department.
Stage 2 :Trademark application filing
Once the trademark search report is positive, you can proceed to file a trademark application with the trademark agent / attorney.
The following information is required to file a trademark application.
Required Documents for Trademark Registration in Hi-Tech City :The power of attorney signed by the applicant in Form TM-48 should be given to the Trademark Attorney.
Stage 3: Application Submission
Once all the information and documents are ready, the trademark attorney files the TM application in the trademark registry. This process usually takes 1-3 hours.
Trademark application number and TM / SM with your mark. Use: Once T.M. Once the application is submit, each T.M. An application is create for the application. Once you have applied no. TM can use with your sign.
Stage 5. Issue of Exam Reporting by Trademark Registry:
Normally for Trademark Registration in Secunderabad trademark exam report issue 2-4 months after the TM application is file. In this step, if the applicant has received any objection from his lawyer, he has to file a reply in the TM registry and if the objection is not published in the TM trademark journal.
Stage 6. Publication
Publication of a trademark in a trademark journal for public protest: Once the mark is publish in the trademark journal, it is available for public objection, if there is an objection, it is necessary to take action against the objection and if there is no objection to the trademark.
Stage 7. Certificate of Trademark Registration:
Once for Trademark Registration in Gachibowli if the trademark registration certificate is issued, all procedures are completed and the owner becomes the full owner of the mark.
Validity for Trademark registration
Trademark registration is valid for a period of 10 years only. After which, it can renewed from time to time. Trademark renewal preserves rights that are only available for registered marks. If the proprietor fails to renew the trademark, it will lose all security associated with the registration. For example, a registered trademark has the advantage of a legal assumption of ownership. That means the burden of proof is on others to try and deny your ownership.
Procedure for trademark renewal
The proprietor of the trademark will have to file the proposed form [TM-12], which is an application for renewal before the Registrar. This application may file 6 months before or before the expiration date of registration.
1 – 3 months before the end of registration, if no application for renewal has been file, then the Registrar will send a notice to the proprietor informing him of the date of renewal. Keep in mind that if a renewal is not notified, no trademark can be removed. Along with the application for renewal, the owner will have to pay the renewal fee as prescribed. Failure to pay such fee will result in removal of the trademark from the register.
Consequences of failure of trademark renewal
The consequences of not renewing the trademark are serious. In case, no application for renewal has been filed, or no fee for renewal has been paid by the owner, the registrar may remove the mark from the register.
Prior to the removal of the trademark, the Registrar shall first announce his intention to remove the mark by announcing the removal in the Trademark Journal. Failure to renew affects not only the proprietor but also all people who have assign or licensed to trademark. It also affects your legal rights, not renewing your trademark, effectively undermining your legal position. The registered trademark has the advantage of uniqueness. Trademark Registration in Shamshabad protects you from infringement claims. However, the most important advantage of renewal is that it prevents others from using your mark.
The Trademark Act is very sympathetic to the proprietor’s difficulties and therefore provides a second chance to renew the trademark within 6 months after the expiration date of registration and by paying a surcharge through the filing prescribed form [TM-10]
Establishment of trademark restoration
If the renewal period has passed and no application has been made prior to expiration, the proprietor may apply for a trademark restoration. However, such registration must be applied for 6 months to 1 year after the expiration date. The proprietor must file the proposed form [TM-13] to request a restoration.
After receiving applications to either renew or restore the trademark, the Registrar will re-announce the sign and invite objections from people who have reason to believe that the trademark should not be renewed or restored. After the specified waiting period, if there is no objection, the mark will be entered in the trademark register. The entry indicates that the mark has renew for a period of 10 years.
Benefits of trademark registration
Legal protection: Once a Trademark Registration in Mallapur, a violation of an existing trademark can be sued by the owner. Thus, it provides specific legal protection in the following situations:
- Before any merchant creates their trademark
- Being in the process avoids the possibility of infringement anyone can find a trademark through a trademark database.
- In case when a trader tries to register an existing identical brand name in the trademark registry, it will be offensive in the trademark in fee.
- In case of violation, a person is able to obtain the right to claim under certain conditions.
Building trust or goodwill: Providing quality products and services under Trademark registration in Bangalore creates the image of a business entity in the market. It also represents that the business takes care of brand building and passes on positive values about the brand to these customers or in public.
Global Permits: Trademark registration in India helps local traders to access the global market through the international trademark system. It is important to note that non-resident Indians and foreigners are also eligible for trademark registration in India. On the other hand, Indians can register their trademarks globally.