Why Brand Name Registration is Necessary today By CS Nikita Gupta


With the economic growth, the demand for trademark registration is also growing. It is very important for all corporate owners, be it a businessman or an individual entrepreneur, to protect your company as it is directly linked to your company’s success. The basic motto is to protect your business against fraudulent cases, competition etc.

WHAT DOES TRADEMARK DO TO YOUR BUSINESS
 
From the owner’s point of view:

  • Helps in securing the brand name of your business,
  • Creates your own business identity,
  • Helps in protecting your business reputation by deterring someone else from using it without your permission.
  • creating the customers' confidence and attraction
From a customer’s point of view:
 
  • Protecting the consumers from deceptive/misleading information regarding the goods/services
  • For easily distinguishing the goods/services
PROCESS OF REGISTRATION FOR TRADEMARK APPLICATION

  1. Trademark search is necessarily available at the link for ascertaining that whether the proposed mark is already in use or not
  1. Filing of Trademark application inForm TM-A either through physical mode or online mode along with the following fees structure e.f., 6th March 2017.
For individuals, small enterprises and start-ups:

Physical filing fees- 5000
E- Filing- 4500
 
Other than individuals, small enterprises and start-ups:

Physical filing fees- 10,000
E- Filing- 9000]
 
  1. After the receipt of the application by the Registry, the examination report will be issued mentioning the acceptance or objection of the application
  1. Within a period of 1 month of communication of report, an applicant has to respond and if the applicant is not satisfied by the report and calls for a hearing, Registrar shall provide an opportunity for hearing
  1. If the trademark application is accepted, it will be available at official website of Controller General of Patents, Designs, and Trademarks.
  1. Within a period of 3 months from the date of publication, the public has the right to make an objection or oppose the application.
  1. If the application is opposed, Trademark hearing officer may call for hearing where the Registry will issue the notice to both the applicant and opposition party. After completion of the hearing, an officer can accept or reject the application
  1. If accepted, Certificate of Registration will be issued to the applicant bearing a seal of Trademark Registry.

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