What is Trademark/ Brand Registration?

Trademark is an exclusive mark or sign that becomes synonymous with a brand/ business. It is utilized to distinctively recognize a company from others and establish its credibility amongst the consumers. The most necessary trademark is always the business name and it should be protected to ensure that it does not get stolen by someone else.
The logo of a business is also an intrinsic property of the business and it should be secured to give the business or brand a distinctive look.
A punchline or slogan is used by many companies like “Dar KE Aage Jeet H” of Mountain Dew, and such lines can be protected by registering them with the trademark registration of India.

Process of Trademark Registration

The steps required to trademark your business name/logo include the following:

Research

Initially, proper research is required to opt for a trademark for the business.

TM form filing

Filing of an application with form TM-A is required, for the registration of the trademark.

Application Number Is Allotted

Once the filing of an application is done with the requisite documents and fee, an application number is generated. Using it, one can check the application status online.

Examination Of Application

The trademark examiner checks the trademark application by adhering to the provisions of the Trademark Act. The registrar might accept/reject/object to the application if any discrepancies are found.

Receipt Of The Examination Report

An examination report is generated by the registry within a time span of 3 months-12 months mostly.

Reply To The Examination Report

On receiving the examination report, one needs to file a reply with the registrar to address the objection highlighted by the trademark examiner. One has to file the reply within 30 days (starting from the day of receiving the examination report). Else, the trademark application can be discarded.

Trademarks Journal Advertisement

If no objection is made by the registrar or the objections are satisfied with the reply, the trademark which is applied for will get published in the trademark journal. It is basically an invitation to the public to oppose the mark.

Opposition

A party has the opportunity to raise an objection to the trademark within 90 days from the date of publication. If a third-party is opposed to it, then in the case of opposition, both the parties(applicant and opposition) can appear at the hearing.

Registration Certificate

If the objections (if any) are eliminated by the third party or examiner, then a trademark registration certificate issued to the applicant. The trademark applicant is granted rights for exclusive utilization of the registered trademark. For a registered trademark symbol, ‘R’ needs to be utilized.
KBP Advisory & Tax Consultancy can help businesses in the registration of brands and trademarks in a hassle-free manner.

Mission

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