A trademark includes a name, word, or sign that differentiates goods from the goods of other enterprises. Marketing of goods or services by the procedure becomes much easier with a trademark because recognition of a product with the trademark is assured and easier. The owner can prevent the use of his mark or sign by another competitor.
Providing comprehensive trademark services to a wide range of clients including giant corporations, SMEs, and start-ups. We at MYNYX file more than 1,000 trademark applications every year. We represent clients in all major cities of India including Mumbai, Delhi, Bangalore, Ahmedabad, Chennai, and more.
TRADEMARK SEARCH
The registry of trademarks of the government of India creates a database of registered trademarks which consists of entries of all the registered trademarks, fresh applications along with opposed, objected, and abandoned trademarks. So before deciding trademark for your needs, it is wise to search it on a prior basis.
TRADEMARK APPLICATION
Application for Trademark registration can be done quickly and online. One can start using a “TM” symbol as soon as the application is made. However, the TM registration process takes up to 15- 18 months. It includes various processes for validating the original ownership of the mark. Trademark registration in India is going through many innovative changes.
TRADEMARK ACT INDIA
Indian law protects trademark rights through the Trademark Act, of 1999 which deals with the registration, protection, and prevention of fraudulent use of trademarks. Any person (applicant)- whether an Indian National or a Foreign National can very conveniently register a trademark in India. Since there is no necessity to form a legal entity or a business entity to get a trademark registered.
TRADEMARK CLASSES
NICE has classified the trademarks into 45 different classes which are also known as the International Certification of Goods and Services. Different trademark classes for a distinct set of goods and services. Before registering the trademark, choose the right trademark class for your good and service to avoid any refusal in registration.
WORD TRADEMARK
A word trademark is one of the most common types of trademarks and includes any words, phrases, symbols, logos, or combinations thereof which can identify the source of goods or services. Word trademarks are used by companies to distinguish their products from those of competitors and enable consumers to purchase their desired products.
SERVICE MARKS
Service marks are defined as any name, symbol, device, or phrase that identifies and distinguishes the source of services provided by one competitor from those offered by another competitor. This type of mark applies specifically to services such as advertising programs, insurance plans, telecommunications providers, and retailers.
TRADE NAMES
A trade name is a combination and/or abbreviation of words that can be used to refer to a company’s business operations. They are separate from intellectual property trademarks in that they do not act as identifiers in commerce but rather help set apart distinct products and services within a company’s brand family.
COLLECTIVE MARKS
A collective mark is different than normal trademarks in that its function primarily serves collective groups such as associations that share a particular purpose or interest such as an industry or professional métier rather than just protecting one specific product or logo; this means collective marks have multiple authors or owners who have legally-established rights over them in different parts of India (as well as other countries if appropriate).
CERTIFICATION MARKS
Certification marks establish origin and authenticity issued through government agencies representing unique characteristics regarding certain goods and/or services that meet agreed-upon standards by conforming third-party suppliers and placing them under control given standards.
: If you successfully clear hurdles till this stage, then your brand name and logo is published in the well-known Indian trademark journal. It is crucial that you do online research to ensure your company’s trademark name and logo have not been used anywhere else. The good news is, if you have initiated a trademark registration process, you will be able to sell products using your brand name on sites like these.
If a trademark is going to be linked to a registered business, you will have to provide relevant proof of registration. The application to register the trademark may either be filed under single or multiple classes, completely depending upon which goods and services are covered by the activity. The last stage in the Due Process of Law is registration, where an application proceeds to registration once it overcomes objections and/or judicial challenges against registration of the mark.
If no objection is filed within the allowed 120 days, then either the registrar of trademarks shall accept the registration application, or, after the hearing on the opposition of a trademark, it shall be accepted. Once an application has been filed, the Registrar of Trademarks will examine it to make sure all requirements are met and that the brand name is in compliance with the law. The Indian Trademarks office will then confirm that the details in the International Application are identical to the details in the Basic Application/Registration.
The application may be filed either online via an electronic filing portal, which is available on the official website or by writing to the Trademark Office of India (TMO). The application form for registration is TM-A, which can be filed online via the official website of IP India or physically with the Trademark office depending on the jurisdiction of the trademark. The petitioner may appeal related to the trademark registration post the hearing, and in case, if the Trade Marks Registry feels such a trademark should be allowed for publication in a magazine, it must be allowed.
Yes, a trademark applied for may be removed by filing a petition with the Registry in a prescribed form stating the reason why a trademark is incorrectly submitted to the registry. The application for the trademark can be filed, and within a few days of granting of the trademark, the person can begin using the symbol TM.
In a Manual Filing, you need to apply for a trademark by submitting a form personally to one of five trademark registration offices, which are located in Delhi, Mumbai, Ahmedabad, and Chennai. Our team of trademark lawyers assists you through the entire process of trademark registration, right from choosing which classes you need to apply for, filing your applications with the trademark registry, and helping you out if there is a dispute.
Our experts here at MYNYX, are well versed with the nuances required for trademark registration, and can help an applicant get a certificate of registration in no time, without burning a massive hole in the pocket.
Call MYNYX at +919099300668 or contact us by sending us a message through our contact form here.