In India, trademark registration is available for words, logos, numbers, slogans, devices, and more. The owner of a trademark has the legal right to use the mark exclusively if it registers. Trademark registration, on the other hand, is a lengthy procedure including several procedures. The Trademark registration in Delhi is discussed in this article.
Investing time and money to establish a brand only to have the same brand name utilized by someone else, depriving you of your hard-earned brand reputation, is not a pleasant situation. Many trademark (TM) owners find themselves in prolonged litigation because they did not register their brand name as a trademark in India when the time came.
The procedure of registering a brand name as a trademark is not complicated. You’ll obtain the much-needed legal protection of your brand name registration in India in a few simple steps, as outlined below.
Search for trademark
Many business owners did not know the importance of a trademark search. It’s not enough to have a distinctive brand name in mind to avoid a TM search. A trademark search tells you if there are any comparable trademarks out there and can give you a good idea of where your brand stands. Why squander money later on in time-consuming trademark litigation when you can prevent it in the first place?
The entrepreneur or trademark professional must do a trademark search of the trademark database before commencing the trademark registration procedure. A trademark search will reveal whether or not a trademark is identical or similar to one that has already been registered with the trademark registrar. The Trademark Registrar website may be used to do a trademark search.
Apply for a trademark.
The first step is to apply for a trademark with the Trademark Registry of India. Nowadays, most filing is done online. Following the submission of the application, an official receipt will be supplied for future reference. All you need to make sure is that it is easy and simple to remember. One of the next things to keep in mind is that it has to be unique in every manner so that no other company can mark a claim on your trademark.
Observation
The examiner examines a trademark application once it is submitted for any irregularities. The evaluation might take anywhere from 12 to 18 months. The trademark may be accepted unconditionally, conditionally, or as an object by the examiner.
Examination
Following that, the Trademark Officer would check the trademark application for accuracy and produce a trademark examination report. The Trademark Officer can approve the trademark registration application and also allow it to be published in the trademark journal, or he or she might object to the trademark registration application. If the Trademark Officer objects to the trademark registration application, the trademark applicant has the opportunity to appear in front of the Trademark Officer and answer the objections.
Dissemination
The stage of publishing includes the trademark registration procedure so that anybody who opposes to the trademark registration can object. If no objection is filed within 3-4 months of publication, the trademark can be registered. If there is the objection, the Registrar holds a fair hearing and makes a decision.
Obtain a Certificate of Registration
The trademark journal is published weekly and contains all of the trademarks that the Trademark Registrar has approved. After the trademark is published in the trademark journal, the public has the right to object to the trademark registration if they feel it would harm them.
If no objections are lodged within 90 days of the mark’s publication. It will usually register within 12 weeks to months. If a third party objects to the trademark registration application, the Trademark Hearing Officer will hold a hearing.
Renewal
After every ten years, the trademark can be renewed indefinitely. As a result, your logo or brand name registration will be permanently protected. As can be seen from the above, trademark registration in Delhi is a simple procedure. It is basic but very important.
Conclusion
The trademark is regarded as a registered trademark of the owner after the trademark registration certificate is granted, providing the trademark owner exclusive use of the mark. Next to the logo or trademark, the ® sign can now be used.
We, at Legalmart, can assist you with the full registration procedure, so you don’t have to worry about deadlines or answers. As a result, recognize the value of your brand name registration. And take action to preserve it as soon as possible.
