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	Get a Trademark

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Get a Trademark
A Trademark is a visual symbol in the form of a word, a name, a device, a symbol, or a label which identifies a merchant’s or manufacturer’s goods or services, and distinguishes them from others.

Getting Registered

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

Find out if the name is already registered: In order to determine whether any person or company is using a particular trademark, a trademark search can be conducted. , it is advisable to get the official search report from the registered and pending application records before filing the application

On obtaining the search report, file an application for registration : An application for trademark may be made on Form TM-1 with prescribed fee of Rs. 2500/- at one of the five office of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad depending on the place where the applicant resides or has his principle place of business. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report issued Once the applicant has overcome all objections raised by the registrar, the application proceeds to publication in the Indian Trade Marks Journal.

Attach the following documents to your application

- Five prints of your trade marks
- General Power of Attorney in a Rs.100/- Stamp Paper in the name of your company. (NOTARISED).
- If the Trade Mark is a Label, Colour Xerox copy of the Box (15 Copies).

e	Opposition: After publication in the Trade Marks Journal, anyone has three months

(which may be extended by up to a further month at the registrar’s discretion) to file a notice of opposition to registration.

f	The question of acceptance or refusal of the trademark application will be considered only once the opposition proceedings have been completed. The onus is on the applicant to establish that it is entitled to registration of the trademark as applied for.

Final Registration: If an application has been published as accepted and is not opposed, or if any oppositions are decided in favour of the applicant, the mark will proceed to registration. If the application has been published before acceptance and is not opposed during the opposition period, the registrar will then consider afresh whether to accept the application; if he decides in the affirmative, the mark will be registered. The fact of registration must be published in the Trade Marks Journal. Once an application has been accepted for registration and any opposition have been decided in favour of the applicant, certificate of registration is issued

Click here to Download Trademark registration form.

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