Trade Mark Registration In India
A trade mark is a distinctive sign or symbol that identifies and distinguishes the goods or services of one person or entity from those of others. A trade mark can be a word, name, logo, slogan, shape, colour, sound, or any combination of these elements. A trade mark helps in creating a brand identity and reputation for the goods or services and protects them from unfair competition and infringement.
TYPES OF TRADE MARKS IN INDIA
There are different types of trade marks in India, based on the nature and characteristics of the mark. The main types of trade marks are:
- Word Mark: This is a trade mark that consists of one or more words, letters, numbers, or symbols, such as Google, Nike, 7UP, etc.
- Device Mark: This is a trade mark that consists of a graphical or pictorial representation of the goods or services, such as Apple, Adidas, Mercedes, etc.
- Shape Mark: This is a trade mark that consists of the shape or configuration of the goods or their packaging, such as Coca-Cola bottle, Toblerone chocolate, etc.
- Colour Mark: This is a trade mark that consists of a single colour or a combination of colours, such as Cadbury purple, L’Oreal red, etc.
- Sound Mark: This is a trade mark that consists of a sound or a musical note, such as MGM lion roar, Britannia tune, etc.
IMPORTANCE OF TRADE MARK REGISTRATION IN INDIA
Trade mark registration is important for the following reasons:
- Trade mark registration grants the exclusive right to use the mark for the goods or services for which it is registered and prevents others from using a similar or identical mark without permission.
- Trade mark registration protects the goodwill and reputation of the goods or services and enhances their value and recognition in the market.
- Trade mark registration enables the owner to take legal action against any infringement or misuse of the mark and claim damages or injunctions.
- Trade mark registration facilitates the licensing, franchising, or assignment of the mark and creates a source of revenue for the owner.
- Trade mark registration complies with the legal and regulatory requirements of the government authorities and other agencies and helps in availing various benefits and schemes offered by them.
REQUIREMENTS FOR TRADE MARK REGISTRATION IN INDIA
To register a trade mark in India, the following requirements have to be fulfilled:
- The applicant has to choose the appropriate class or classes of goods or services for which the mark is to be registered. There are 45 classes of goods and services as per the Nice Classification.
- The applicant has to conduct a trade mark search to check the availability and uniqueness of the mark and avoid any conflict or objection with existing marks. The trade mark search can be done online on the Intellectual Property India website.
- The applicant has to file the online application form for trade mark registration on the same website by paying the prescribed fee and submitting the required documents, such as the logo or the trade mark, the name and address of the applicant, the date of first use of the mark, the power of attorney, etc.
- The applicant has to wait for the examination and publication of the mark by the Trade Marks Registry, which may take up to 12 to 18 months. The Trade Marks Registry will issue an examination report, which may accept, object, or refuse the mark. The applicant has to respond to the examination report within one month.
- The applicant has to wait for the opposition or acceptance of the mark by the public, which may take up to four months. The mark will be published in the Trade Marks Journal for public scrutiny and anyone can file an opposition against the mark within three months. The applicant has to defend the mark against any opposition and prove its distinctiveness and validity.
- The applicant has to wait for the registration and issuance of the certificate of registration by the Trade Marks Registry, which may take up to six months. The certificate of registration will contain the trade mark number, the date of registration, and the validity period. The trade mark registration is valid for 10 years and can be renewed indefinitely by paying the renewal fee.
WHY CHOOSE BASS BIZ FOR TRADE MARK REGISTRATION IN INDIA?
Bass Biz is a leading business consulting firm that provides end-to-end solutions for trade mark registration in India. Bass Biz has a team of experienced and qualified professionals who can assist you with the following services:
- Bass Biz can help you choose the right class or classes of goods or services for your trade mark and guide you through the classification system and fee structure.
- Bass Biz can help you conduct a comprehensive and accurate trade mark search and ensure that your mark is unique and distinctive and does not infringe any existing marks.
- Bass Biz can help you prepare and file the online application form and the required documents for trade mark registration and ensure that they are complete and correct.
- Bass Biz can help you follow up and communicate with the Trade Marks Registry and the public for the examination, publication, opposition, and registration of your mark and resolve any queries or issues that may arise during the process.
- Bass Biz can help you obtain the certificate of registration and the trade mark number for your mark within the shortest possible time and ensure that you comply with all the trade mark norms and regulations.
Bass Biz has helped many clients in registering their trade marks in India, across various sectors and segments. Bass Biz has a proven track record of delivering quality and timely services at affordable and transparent prices. Bass Biz also offers post-registration services, such as renewal, modification, cancellation, etc. of trade mark registration.
If you are looking for a reliable and professional partner for trade mark registration in India, look no further than Bass Biz. Contact us today and get a free consultation and quote for your trade mark registration.
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