How to Register Trade Mark in India

How To Register Trade Mark In India by http://www.CompanyLegalGroup.com The Indian Corporate Law and Corporate Governance Consultants What is a trade mark? A trademark is a distinctive sign or indicator used by an individual, business organization or other legal entity to identify that the products and or services to consumers with which the trademark appears originate from a unique source of origin, and to distinguish its products or services from those of other entities. How to register trademark Trademark Search It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted. Filing Application The application to register the trademark is filed with the Registrar of Trademarks Publication in the Trademark Gazette If after a preliminary examination, the Trademark Registrar considers the mark to be distinctive, it orders the publication of the mark in the Trademark Gazette. If no opposition to the mark is filed within 90 days from the date of publication, or 120 days if request for extension of time is given by an opponent and opposition is refused, mark proceeds for grant of registration certificate Trademark Registration The trademark is registered and the trademark registration certificate is issued by the Registrar of Trademarks If there is no objection and or opposition raised, the process of registration of trademark usually takes 1 to 1.5 years and incase of any objection opposition proceedings it usually takes approx 2 years. Types of Trademarks that can be Registered Under the Trademark Act the following are the types of trademarks that can be registered Product trademarks Select Product trademarks Service trademarks Service trademarks are used to identify the services of an entity, such as the trademark for a broadcasting service , retails outlet, etc They are used in advertising for services. Certification trademarks Certification trademarks are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, and the method of manufacture, the quality or other specific features Collective trademarks Collective trademarks are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group. Time Constraint. Time Frame for Registration An undisputed registration process would take around twelve to fifteen months Duration of Registration and Renewal The term of a trademark is ten years from filing date. It can be renewed further after every ten years. The application for renewal has to be made within six month from the date of expiry of the trade mark. Visit us at http://www.CompanyLegalGroup.com