What Is The Procedure For Filing An Online Trademark Registration Application In India? from Web Online CA's blog

In order to distinguish their products from others, a business will use a trademark. A trademark can be a graphic representation of the name, word or label of an organization. A trademark helps distinguish the products and services offered by one business from those provided by other businesses. It is possible to register a trademark once the uniqueness of the mark has been established. brand registration online is rejected when it's confusingly similar with existing trademarks. The trademarks which are misleading, generic, abusive and identical or those that have been protected cannot be reported. New applicants should be familiar with the online trademark registration in India and trademark fees processes.

Trademark Application Procedures

Trademark Registration in India is guided by the principle of 'first filed'. It is important to register trademarks online. Trademark applications are dealt with by the Office of the Controller General. It is important to fill out the application form in accordance with local law.

These steps are required in order to register a brand name in India

Find a trademark representative in India

The only person who can file a trademark is if their principal business location is India. The trademark owner can only apply if an agent or attorney is appointed to do so. Agents and attorneys often handle mundane tasks such as searching for, preparing, filing and prosecuting trademarks.

Determine the validity of a trademark and its registration

In most cases, an agent begins the Trademark registration process by evaluating the trademark for eligibility and conducting a clearance to see if the same mark already exists at the Controller General's Office.

How to complete the application form

Agents of trademark holders can submit and fill in applications if they possess legal authority. The form will require information including the owner’s name, address, list of products and services associated with the trademark and confirmation that it is being used. For further information please visit online trademark registration India.

Revision by the trademark Office:

When everything looks good, the Trademark Online office issues a number of registration. The trademark office will issue a registration number to the mark if it is registered.

Publication, approval, or rejection

The Trade Marks Act of 1989 states that the trademark associations are responsible for making decisions on whether or no a particular application should be registered based on absolute or relative grounds. In a few weeks, the trademark association will send a written report detailing their findings. The trademark registry will either accept, deny, or put the application under show-cause hold based on the results of the assessment. The evidence may lead to a refusal, a conditional acceptance, or merely allowing revocation of the application. The Intellectual Property Appellate is a process that can be used if a request for a patent is refused.

Registration:

In the event that no opposition has been filed in three months from the date of publication, the trademark registration will take place and the trademark authorities will issue the certificate.

Conclusion:

Infringement of how to get your brand registered in India can lead to a lawsuit under the Trademark Act of 2016. A trademark owner may use the mark for up to ten years following registration. If a trademark is nearing its expiration, submitting a trademark renewal request for ten year may renew it.