Trademark is a kind of 'mark' which may be in the form of a signature, word, heading, numeral, label, letter, heading, etc that is written in a particular style. Under certain specific conditions, by the name of the person, living or dead, a trademark can be symbolized. Whatever type of mark that has been chosen should have the capability to demarcate the products and services offered by an organization that from others. Also, it is significant to note, that this mark should not be very close in resemblance with other marks or a mark that has been prohibited under the Act. Trademark Registration India offers sound advice to all those who are seeking assistance for trademark registration.
India Trademark Registration Process
Trademark Registration in India is carried out by following a systematic process. To gain trademark registration, a request needs to be filed in the manner prescribed and by payment of requisite fees. As per seriatim and date, the application is numbered. This number and date mentioned on the application becomes the registration number and registration date. In case objections are raised by the registrar under Section 9 or Section 11 under Trademark Registration Act, 1999, it needs to be overcome by the applicant. Similarly, in case any third party objects to this filing, an applicant needs to solve the matter.
The Registrar then examines the application after filing. The Registrar then allows the application for the publication in case there is no objection or issues with the same. The mark is published in Trade Marks Journal, an official gazette, and any person or organization that has objections regarding this application can do so. The prescribed time for filing an opposition is three months and which can be extended for further one month.
There are several grounds on the basis of which as application can be rejected. Some of them are when the mark applied for registration is not descriptive, distinctive, distinguishing, referring to the goods' quality or many more such issues. In case there are no objections, the trademark application is accepted. It is significant to note, that before the expiry of the validity, it is necessary to renew Trademark Application.