A trademark is not only a name or a logo, but it is your brand. It makes you stand out from the competition, makes the customers trust you, and prevents the theft of your brand. It has become inevitable that to have a trademark registration in place in any type of market, including the large and competitive India market, is something that any business, either a startup business or an existing business company, must have in place. However, most of those owning businesses are confused about the trademark registration process, because they are not sure where to start.
In Induce India, we will guide the business in the process of trademark registration without any confusion. This guide further breaks down the entire process of trademark registration in India in the simplest and most interesting way possible, so you know the way it works.
What is a Trademark and why is it important?
The trademarks are any symbol, name, logo, tagline, motif, colour combination, sound or even the unique expression that is used to identify your brand. It establishes a unique identity of your business, and nobody in the world is able to use anything close to this and get a customer perplexed. Your trademark should not be owned by another party after it is registered because it makes it your intellectual property, and it is granted legal protection.
Trademark registration is not a luxury for a brand that intends to have long-term recognition and protection of the brand.
Registration of trademarks in India
The registration of trademarks in India is systematic and is aimed at making sure that your mark is distinct and can be registered. The steps might be very long, but when managed properly, one can find the process easy.
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Trademark Search
One should enquire before applying and should see whether a similar trademark or otherwise is being used. This search would enable you to know how high your name or logo is. A correct trademark search ensures the possibility of fewer possible objections and prevents any legal disputes in the future.
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Application of the Trademark Application
After having the uniqueness of your trademark, you should proceed and apply to the Trademark Registry. This is achieved by choosing the right class depending on what you are selling or what you are offering in a product. India is covered by the 45-class system, and the proper selection of the class is critical with respect to ensuring protection.
The application would contain the information of the applicant’s information, including the logo or word mark, description of the goods/services, and necessary documents.
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Analysis of the Application
Your application is reviewed by the Trademark Registry after it has been filed. The examiner determines whether the trademark is legal and does not resemble any of the existing trademarks. At this level, the officer can bring out an objection in case an object should be clarified or altered.
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Reaction to Objections (If Any)
In case of any objection, a formal response is required. The response should articulately give reasons as to why your trademark is unique, distinctive and should be registered. In case the examiner is satisfied, the application is pushed ahead. Otherwise, a hearing can be set during which you or your representative makes the case.
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Publication of the Journal by Trademark Publication
Your trademark is printed in the Trademark Journal on approval of the examiner. This gives the populace a chance to peruse it and make an objection in case they feel that your trademark is a clash with their own. In case no objection is provided within the limited amount of time (typically 4 months), the process runs on track.
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Proceedings against Opposition (If Raised)
In case one person differs with your trademark, the two have to provide evidence and argue their case. Most oppositions would be resolved with due handling and documentation. When the opposition has vanished or receded, your trademark is taken to the last phase.
- Registry and Certificate Issuance
Once everything is complete, your trademark is now registered, and you get the Trademark registration certificate. Whilst registered, you have a right to use the trademark with the ® symbol, proving to be an exclusive mark and protecting ownership throughout India. The registration is valid for a duration of 10 years and is renewable.
Paperwork Necessary to Trademark Registration.
To register a trademark, you will normally need:
- Applicant’s details
- Brand logo (in case of a logo mark application)
- Goods/services description.
- Power of Attorney (in case of an agent), in the case of an agent.
- Identity and address evidence of the applicant.
- Udyam Registration Certificate (MSME benefits).
Induce India also assists in the preparation and management of all these documents to prevent mistakes or time wastage.
How Induce India makes the Process Simple
Although the trademark registration is systematised, minor specifics such as the selection of the appropriate class, the reaction to objections, or facing the opponent may prove to be tricky. Here comes Induce India. Our professionals look after every step of the process, i.e. start to finish, to make sure that your application is correct, and on time and is in compliance requirements of the Trademark Registry. Whatever you ask us to assist in is finding a search, filing applications and drafting replies or finding solutions to objections, we ensure everything is done. You will be entirely at peace with us and get your approval quicker.
Conclusion
Trademark registration remains an important activity of registering your brand and establishing a long-term corporate identity in India. Though there are various steps involved in the process, it is easy and smooth when proper guidance is given. In Induce India, we provide an assurance that your brand will be given due legal safeguards and that you can expand without the fear of imitations and infringements. You have decided to file trademarks or even to find out the availability of your brand name; Induce India is there to assist you throughout the process.
