In simple language, a trademark is a brand or logo which represents your business identity. Trademark could be in form of a picture, brand name, label, symbol etc. One major obstacle while choosing or maintaining a trademark is its authenticity. Well, no one can individually choose a trademark and hence expect to become the owner of the same. Besides, the trademark needs to go under an evaluation process. That process is specifically called “Trademark Registration”. Trademarks in India are registered by the controller general of patents designs and Trademarks. SO, if you are concerned about your trademark individuality. Then, here is your answer to “How to do trademark registration?”
There are FIVE steps involved in the TM registration process-
1- Trademark Search
Several businessmen did not comprehend the importance of the trademark search. But having a unique brand name in mind is not a good reason to ignore trademark search. Rather, this first step assists you to know if there are any similar trademarks available. Thereafter consideration of Tm search will save your money and time ultimately. By avoiding taking a wrong decision in the first place. Besides, if your trademark is unique then you can go green for step two.
2– Filing Trademark Application
After ensuring that your selected brand or logo is not listed in the trademark registry India only then you can opt to register the same. Then primarily you need to file a trademark application at the trademark registry India. However, nowadays people choose trademark lawyers in India to assist them while applying. Besides people find it flexible to file the application online and in presence of trademark lawyers as certain law and terms aren’t easy to understand by a layman.
Once a trademark application is filed. Then it is examined by the examiner for any discrepancies. The examination process takes a couple of weeks. Thereafter the examiner might accept the trademark unconditionally, conditionally or may object.
If your application gets approved, the chosen trademark gets published in the trademark journal.
In case of an objection, your trademark attorney shall file a reply to the objections and further await an update from the trademark registry. The same shall then be fixed for hearing wherein you shall need to engage an intellectual property lawyer to defend the trademark application on your behalf.
After such advertisement, the TM Application is advertised in the journal inviting objections in the registration of trademark.
Once all the above steps are completed successfully and application proceeds for trademark registration, then a registration certificate under the seal of the Trademark Office is issued to the owner.
So, this is how a trademark could be registered.
Copyright and trademark registration
Few people take singular meaning out of both the terms. Whereas they both stand for entirely distinctive definitions. On one hand, “COPYRIGHT” protects original work done by any human in a fixed form. Which includes literature, music, drama, and a few other intellectual works.
And, on the flip side “TRADEMARK REGISTRATION” acts as a safeguard for slogans, logo tend to protect intellectual properties. But the difference between copyright and trademark registration strikes. When it comes to the type of intellectual property they protect. Copyright protects literary and arts. Opposition in the case of trademark registration could be observed as it protects logo or brand names.
How long does a trademark last?
Trademark in India generally lasts for ten years. And after those ten years, it needs to get renewed. A section of society wants to know how to trademark an idea or can an idea be trademarked. The answer to which is no. It is, obvious that nothing can or ever will come in action without an idea. However, ideas are not monetarily valuable. Without any solid identification of the idea. There is no intellectual property protection or trademark registration rendered to an idea.
Trademark lawyers in India are the professionals, offering services ranging from selecting a trademark to getting it registered. Thus, people often get messed-up while deciding whether to go for a TM lawyer or not. If one views it from a general perspective, then it isn’t necessary and could be done by anyone.
Despite it involves certain laws and paperwork that can’t be done by any individual. Hence, the entire process of trademark registration in Chandigarh or your state must go through various steps. Thus, if you don’t get all the steps done aptly then chances of rejection will soar dramatically.
Therefore, it is recommended to hire a trademark lawyer for such purpose if you genuinely want the approval of your Trademark registration. Having experience of successfully registering Trademarks and while providing trademark management services in India, UK, Australia, Canada, and Singapore as well, we are sure that we can assist you in the process. If you are facing any trouble with the trademark registration process, Narula & Narula is there to troubleshoot it with their wisdom.