Trademark Filing in India: Process and Business Benefits

IPR is the rights given as a protection for the property created using his mind and labor. Trademark is a peculiar than the other types of IPR given because, if you see the patents, copyright etc. All those will give protection to property only on infringing and loss can occur only to the amount of such infringement. But trademark gives us the protection not only for the symbol, or logo but also it gives us an identity in case of infringement the loss is unpredictable and uncountable because trademark gives the business an identity and which distinguishes from others and also secures the goodwill. So, trademark plays a vital role in the business field.

Trademark can be anything like a logo, symbol, words, etc. which distinguishes us from other businesses and also gains goodwill. It is hard to sustain in a field without a mark and identification, and the same importance needs requires securing and protecting such mark. For such protection filing and getting registered of the trademark is the only way.  Guidelines for registration were given under Trade Mark Act, 1999.

Before going for filing an application, there should be a search regarding the trademark. At the result, we can find out the trademarks which are all already existing and registered and similarly appearing like us. Then need to alter the trademark in case the trademark resembles any other. Once we are satisfied that a reasonable distinguish is there between the trademark and others can for filing process. An application for registration can be made in either of 5 Trademark offices in India with respect to the territorial jurisdiction or better to apply online. For the filing, the basic requirements were the trademark (logo/mark/symbol), Name and address of the owner, classification of trademark, if any trademark used before filing, and the details about the goods or services of the business concern. Once application submitted will be given an application allotment number which will be used for further tracking process on the application statues. Then the application will be sent for Vienna codification which mandated by Vienna Agreement, 1973 in order to find out the basic elements and essentials requirement expressed by the agreement. Once done with it, it will be allotted to the officer in charge in the respective trademark office or the office respective to the territorial jurisdiction.

Then the officer will go for the further check on the eligibility criteria imposed by the trademark act and after examination, he will deliver a report. Generally, the report result will be two either accepted or objected.  In case accepted it will go for further step of publication in the trademark journal.  The objections were done on the grounds of relative or absolute which were expressed by the act. And in case objected which will be intimated to the applicant and we need to respond to such objections. On such response convinced the officer will join the procedure with accepted. And in the situation of unsatisfied or rejection can alter the trademark to the extent of removal of such irregularities or can approach intellectual property appellate board. Once accepted the trademark will be published in the Trademark Journal, and objections from others were welcomed and which should be done within 4 months of such publishing. In case objected the same above procedure for objection will be done, in case none objected the trademark will get registered and certificate of registration will be provided.  The registered trademark will get protection for 10 years and after can be infinitely renewed by paying fee periodically.

The major benefits of a registered trademark, it gives an exclusive right to the person or company registered to use for the goods and services. The trademark distinguishes the business from others and which leads to gain reputation, identity, and results in gaining goodwill for the company.  And the same which imposes restrictions on others from not using the mark in case of using leads to infringement, for that the person who registered can sue and get compensation for such infringement.

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