Trademark is a registering your ‘brand’ or ‘logo’ with the Registrar of Trademarks for restricting any other person to use the same. It distinguishes your product from your competitor’s product and thereby creates a standing of your product in the market. Trademark is an intangible asset for your business and also protects your brand.
In today’s competitive and dynamic business environment every business spends millions of rupees and number of years in creating a brand. Trademark is a registering your ‘brand’ or ‘logo’ with the Registrar of Trademarks restricting any other person to use the same. It distinguishes your product from your competitor’s product and thereby creates a standing of your product in the market. Trademark is an intangible asset for your business and also protects your brand or symbol. Once the trademark is registered, no other person can use the same or identical name or brand or logo. Still, some of them fails to get it registered with IPR authority and thus loses the brand. We at Expert Advisorz help our client right from applying trademark registration to final approval of the same:-
1. Public Search of proposed Trademark:- The proposed mark must not be identical or similar to any existing Trademark. Hence, it is mandatory to check if the proposed mark resembles any existing trademark. It eliminates the possibility of objections against the mark in future. We at Expert Advisorz do the public search for your proposed mark so as to enable you to decide the mark to be registered and thereby reduce the number of chances of objection.
2. Choose Class for the goods or services:- The proposed trademark is registered in accordance with the goods or services being offered under such mark. The goods and services has been classified by the Registrar of Trademark into 45 classes wherein first 34 classes belongs to goods and rest of them belongs to services. We help our clients to decide the class under which the proposed mark must be applied for registration.
3. Application for Trademark Registration:- A trademark application can be filed for single or multiple class. It must be made in the prescribed manner along with the relevant information and the fee. We at Expert Advisorz help our client to file the application for registration of Trademark with the requisite authority.
4. Issuance of Receipt:- The official receipt is issued by the Registrar of Trademark in respect to the application filed with them and an application number is allotted.
5. Examination and Report thereon:- After the application is filed, the same is examined by the Registrar of Trademarks. The Registrar may accept or refuse the said application. The application if objected or accepted by the Registrar subject to certain conditions, amendments, modifications or limitations, as he may think fit, the official examination report is issued by the Registrar in writing.
6. Reply to Examination Report:- Pursuant to the issue of Examination report by the Registrar, the applicant has to file a reply to the examination report along with the required documents within one month from the date of receipt of examination report. We at Expert Advisorz help our clients to file the reply to Examination report.
7. Advertisement:- Where the application of trademark is accepted by the Registrar whether absolutely or subject to conditions, the application is ordered to be advertised in Trademark Journal. The purpose of advertising it in the Journal is to invite the public for filing opposition.
8. Opposition & Hearing:- Any aggrieved person may make a notice to the Registrar opposing the registration of trademark within a period of four months from the date of publication of the trademark in the journal. Pursuant to the opposition, the applicant may make a counter statement within two months from the receipt of the copy of opposition from the Registrar. Further, the Registrar of Trademarks after receiving all the evidences shall give a notice of hearing to the parties and pursuant to the arguments received from the parties the Registrar shall take a decision which shall be communicated to the parties in writing at the address given for service. We at Expert Advisorz appear for the hearing on behalf of our clients for the hearing.
9. Registration & Renewal:- Where no opposition is filed against the trademark or the opposition is filed but the decision is in favour of the applicant, the application proceeds to registration of trademark and the Registrar enters the trademark on the register and issues a Certificate of Registration. We at Expert Advisorz help you to get the certificate of Registration.
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