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Trademark Registration Consultants
A trademark is a mark or sign which is unique to the business and which is used to represent or identify the origin of goods and services being traded or provided by the particular business. It is used to distinctively identify a business from another and build its credibility among consumers with specific reference to the products. The registration of trademark with the registrar of trademark is a legal process which confers exclusivity of use to its registered owner. Since the right originate from a legal process it is capable of being enforced in the court of Law. However If the trademark is not registered then the real owner may not be able to stop an imitator from confusing the public by using same or similarly deceptive name or mark that results in financial and economic loss of a business in long term. We have a dedicated team of lawyers who specialize in trademark registration of all type.
A registered Trademark confers an exclusive right to its owner for its own usage or to allow any other person through licensing of trademark for consideration to use. As the registration is a legal process it confers Legal Protection
A registered Trademark is also regarded as an unique identity to the brand Name, Logo or the punchline which is associated with the product or services. Once the trademark get registered a symbol R can be affixed over the mark.
Creation of An Asset
Being an IPR a trademark is recognised as an intangible asset, the value of the same varies as per the tenure of usage, its goodwill and brand pull in the market. The brand which is registered is having more value.
Trust or Goodwill
As a trademark indicates or traces the origin of the product, hence if the products or services are of good quality which gets appreciated by public at large then in that case a trust or goodwill gets attached with the Trademark.
Global Trademark Registration
The law of one country is applicable within its territorial jurisdiction only, In order to secure protection world wide the trademark must be registered in all the countries in which the applicant want to register the trademark.
Affix (R) over the Trademark
On the registered trademark a symbol ® can be affixed by its owner, which is considered as a notice to the public that the mark is owned by someone thus he or she must refrain from copying it without proper authority.
The public search of trademark can be conducted on the portal of trademark registry. However it involves technical expertise hence it is recommended that a consultant do the search. Our specialists are available to assist you while you are searching the trademark. Do call us and we shall be assisting you with ™ search
Documentation for TM Filing
To file a trademark application the applicant must authorise its attorney to file the appropriate application before the registrar of the trademark. The authorisation must be in the prescribed Form TM-48, which need further attestation by a notary public. As this is in the nature of POA a stamp Duty of INR 100 must be affixed / annexed
Filing of TM Application
Upon receipt of information required to prepare the trademark application in Trademark questionnaire is obtained and the proper authorisation in TM-48 is received the application is prepared and filed after approval of the client with the registrar of trademark and statutory fee of Rs. 4000 is deposited.
Review By TM Office
The applicant can start using ™ symbol after the application is filed. The new application is thereafter reviewed by the trademark office and upon its scrutiny if the application is found to be in order the status of formality check passed is accorded. And in case the application is defective then formality check fail status is accorded. A formality check pass application is forwarded to the examiner
Examination of TM Application
The applicationons which has passed the formality check is received by the examiner of trademark who examines the application to see if the conditions specified for trademark registration is fulfilled or not, whether any same or similar trademark exists in the register of the trademark or the same is applied by someone prior to the applicant. If examiner is satisfied he refers the application for publication
Once a trademark is issued a favourable report by the examiner then the same is published in trademark journal. A published trademark is open for the public opposition by the general public. After three months of publication the trademark is registered provided no opposition is filed by public to the registration of trademark. Upon registration the registrar issues a certificate of registration to the applicant.