The Trade Marks Registry in India was established in 1940 and presently it regulates the prevailing law Trade Marks Act, 1999 and their rules to protect misuse of trademarks. Trade Marks Registry provides resources, facilitates information centres and regulates all matters relating to trademarks in PAN India. The purpose of the Trade Marks Act, 1999 is trademarks registrations in the country and ensure protection to the registered trademark for goods and services. This also helps original trademark owners to prevent fraudulent use of their trademark. The main function of the Trademark Registry is to register trademarks which qualifies for registration under the prevailing trademark and their amendment Act and Rules.
Once a Trademark is registered with Registrar of Trademark, The Registered Owner get an exclusive right to use such Trademark. It is important to note that the conferred right is only limited to republic of India. If an entity wants to get the global protection then it need to apply for the registration in every country individually.
Standard marks are basic marks which denote the source of Goods and Services and which are not to be classified as Collective or Certification mark. This is the most common mark used for Trademark Application.
Collective mark is generally used to distinguish the origin of a product or service at a specific geographical region or by specific group or association. The owners of Collective marks are generally regional Institutions.
These are the marks used to indicate that the particular product meets the set standards specified with respect to quality or safety or any such thing.
These are marks which are similar to each other substantially and differ only with non-distinctive characters.
Identity proof of Trademark owner
Can use (TM) symbol in a single day
One page authorization letter
Free Legal search report
Soft copy of Logo (also can be applied without logo)
Complete online process
A Trademark registered in India is valid for 10 years from the date of its Registration, once expired; it can be renewed for further 10 years from the date of expiration by filing Form TM-R.
The registrar of trademark sends a notice to the Registered Owner of trademark to get the trademark renewed before expiration of Trademark. In case the Registered Owner fails to renew within the time limit, the Trademark can be renewed within further 6 months from expiration date after paying a late fee along with Renewal Charges if still the Registered Owner fails to renew then he gets extension of 6 more months in which he can restore the Trademark by paying Restoration fees.
Multiple Trademark can also be applied in single Form TM-A, important to note that fees for each class is to be paid separately. One Application number is generated for all Applications.
1. Formality Check Pass / Fail: Once a Form is filed it passes through all the basic formalities like description of goods and services and the documents required to be attached if some discrepancy is found at the initial level then Formality Check becomes fail.
2. Marked / Sent for Examination: Once the Formalities checked, the form is sent for Examination to the Registrar which examines the Form and finds any irregularity and duplicity in the Mark
3. Accepted & Advertised: When the Department accepts the Form does not have any objection and the mark is advertised in journal.
4. Objection: Upon Examination of Form TM-A, if examiner encounters any inconsistency in the Form, it may raise objection under section 9 and Section 11 of the trademark Act, 1999 regarding description of Goods and Services and other common issues and require a reply to be satisfied that why the Objection should not be raised.
5. Opposition: Once the mark is advertised in the journal and someone finds it similar to their registered mark they may write to Examiner and oppose the Application which leads to hearing.
6. Abandoned: When there is no response from the Applicant’s side on the objection raised by Examiner or opposition within the specified time then it is marked as abandoned.
Raheja Professionals believe that the timely compliance is the essence of the present corporate world. We start our preparation as soon as we receive the necessary documents from the Clients.
‘WORK IS WORSHIP’ is our moto. Hence we provide quality services at reasonable prices. We never compromise in terms of compliances of different laws. We protect our Clients from future legal hardships.
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