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A trademark is a word, symbol, design, combination of letters or numbers or other device which identifies and distinguishes products and services in the marketplace. Your customers identify your firm with your name / logo i.e., trademark. A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or authorize another to use it in return for royalty.
STEPS FOR TRADEMARK REGISTRATION
1. Search for Trademark Availability.
2. In case the search result is positive, Application for trademark is made in form TM – 1.
3. Once application is made, the acknowledge copy of Additional Representation is received from Trade Mark department.
4. The next step is getting examination report and formality check report from the department wherein any objection or clarification is sought by the department
5. A reply has to be made for the same within 1 month and 15 days respectively.
6. If the TM department is satisfied, the mark is advertised before acceptance in the trade mark department.
7. In case they still are unsatisfied with the reply, they call for hearing upon which it is decided whether the case is fit for advertisement or not.
8. Once the mark is advertised in trademark journal, there is 4 months time for others to object the mark.
9. If no objection is received in 4 months time, the Registrar issues the certificate of registration.
DOCUMENT REQUIRED FOR TRADEMARK
1. The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
2. If the applicant is a company, the country or state of incorporation.
3. A list of goods and/or services for which registration is required.
4. Soft copy of the trademark to be registered.
5. If the mark contains or consists of non-English words, a translation of those words into English is required.
6. If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
7. Date of first use of the trademark in India, if at all used.
8. Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.
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