SECURE YOUR BRAND

APPLY FOR TRADEMARK

WHAT IS TRADEMARK
A trade mark is a visual symbol which may be a word to
indicate the source of the goods, a signature, name,
device, label, numerals, or combination of colours used,
or services, or other articles of commerce to distinguish
it from other similar goods or service originating from
another.
A trade mark provides protection to the owner of the
mark by ensuring the exclusive right to use it or to
authorize another to use the same in return for payment.
The period of protection varies, but a trade mark can be
renewed indefinitely beyond the time limit on payment
of additional fees.
Object of Trademark Laws
The object of trade mark law is to protect the rights of persons who
manufacture and sell goods with distinct trade marks against
invasion by other persons passing off their goods fraudulently and
with counterfeit trade marks as those of the manufacturers.
Normally, the remedy for such infringement will be by action in
Civil Courts. But in view of the delay which is incidental to civil
proceedings and the great injustice which might result if the rights
of manufacturers are not promptly protected, the law gives them the
right to take the matter before the Criminal Courts, and prosecute
the offenders, so as to enable them to effectively and speedily
vindicate their rights.
The trade mark law in India is a first-to-file system that requires no
evidence of prior use of the mark. A trade mark application can be
filed on a proposed to be used or intent-to-use basis or based on
use of the mark.
Registration of Trademarks
The registration procedure in India is based on the first
to file system. It is therefore important that the rights
holder applies for the registration of its mark as soon as
possible.
The registration of trade mark in India normally takes
about 1 to 2 years for registration, if there is no objection
for the said trade mark.
Before applying for a trademark it is prudent to make a
trademark search, which is nothing but an inspection of
the already registered trademarks to ensure that the
registration may not be denied in the view of
resemblance of the proposed trade mark.
Who can Apply for Trademark?

As per Section 18 of the Trade Marks Act, 1999 any
person claiming to be the proprietor of the trade mark
used or proposed to be used by him may make an
application in the prescribed manner for registration of
his trade mark.

Person means any individual, association, company or
association of persons or society, HUF, Partnership Firm,
whether registered or not.
Examination of Trademark Application
After the application has been filed, the Trade Marks Office reviews it to
ensure that it is complete in all respects and thereafter allots an application
number to the applications. If the trade mark is registered, the application
number becomes the registration number.

They issue an examination report and the Applicant must respond to the
objections that have been raised in the examination report within a period
of one month from the issuance of the examination report.

Based on the response to the examination report that has been filed by the
Applicant, the Registrar of Trade Marks determines if the application
should be refused, accepted for advertisement, accepted subject to certain
limitations or put up for a show cause hearing, during which the
application might be accepted, rejected or accepted subject to certain
limitations.

Within three months of the publication of the trade mark in the Trade
Marks Journal, should the trade mark not be opposed by a third party, it
will proceed for registration and the Trade Marks Registry will accordingly
issue a registration certificate.
End Note

The registration of a trade mark confers on the registered
proprietor of the trade mark the exclusive right to use
the trade mark in relation to the goods or services in
respect of which the trade mark is registered. While
registration of a trade mark is not compulsory, it offers
better legal protection for an action for infringement.

The registered trade mark continues to enjoy all the
rights which vest in an unregistered trade mark. By
registration the proprietor of an unregistered trade mark
is converted into proprietor of the registered trade mark.
Contact Us

To know more about trademark registration at
www.dobizindia.in

Mail us at support@dobizindia.in.


Thank You