Trademark Registration in India
Trademark Registration in India
Trademark is a type of intellectual property which grants its owner the exclusive right to use the trademark in relation to the goods in respect of which trademark is registered. Trademark must be a mark in the form of a device, brand, heading, label, ticket, name or an abbreviation of a name, signature, word, letter or numeral or any combination thereof. Trademarks are used to indicate to the purchasing public that they are goods manufactured or otherwise dealt in by a particular person as distinguished from similar goods manufactured or dealt in by other persons. In this article we look at the process for registering a trademark in India.
Invented words, non-descriptive and distinctive devices are the best types of trademark-able marks. To register the trademark the mark should be distinctive and should not be similar to any other trademark registered for the same type or goods or services or used by a competitor whether registered or not.
Grounds for Refusal of Registration of Trademark
Application for trademarks which are identical with or deceptively similar to an existing trademark are not allowed to be registered. Also, application for trademarks which would likely deceive or cause confusion to the public, hurts sentimental/religious values, consists exclusively of marks which have become customary in the current language or take unfair advantage of an earlier mark are not allowed to be registered. For more information about grounds of refusal of registration of a trademark, check the guidelines for Trademark Registration.
Process for Registration of Trademark
Prior to applying for a trademark, it is advisable for the applicant to search the trademark records registry and know whether any trademark resembles the mark to be registered. This search of the trademark registry can be conducted online. Once the search is completed and there are no conflicts, application for registration in the trademark registry can be made in the prescribed form. The application for registration of trademark must contain the mark to be registered, trademark owner information, list of goods or services for which the trademark registration is sought and the date since when the trademark is used. The application for trademark can be done both online and offline. For making an online trademark application, a Class III Digital Signature is required. Offline trademark registration can be made at one of the Offices of the Trademark Registry based on the jurisdiction.
Once the application for the trademark registration is made, the Registrar will search amongst the registered marks and pending applications to ascertain whether any such marks exists in the registry and if the mark is register-able as per the law. If the Registrar has any objection to the acceptance of the application or proposes to accept the application with conditions, amendments, limitations, etc., the same is communicated to the applicant in writing and the applicant has a period of three months to rectify his/her application and communicate their stand.
If the application for registration of a trademark has been accepted, the Registrar will cause the trademark to be advertised in the prescribed manner in the Trademark Journal to give to third parties an opportunity for opposition. The entry of a trademark will specify the date of registration, goods or services for which it is registered and other particulars. The registration of a trademark is valid for 10 years and is further renewable.
To register a trademark in India, visit IndiaFilings.com