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A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registered if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registered if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.
Trademark is the visual form which is usually taken as Logo of a Company. A logo is designed through a Graphic Designer or any Photoshop maker but one should follow the strict guidelines before designing a logo. A company must carry a research through trademark agent to verify the similarity of the trademark. These agents check the trademark office to ensure the credibility of the trademark or never registered by some other company. This verification can be done through any mode I.e., online verification & offline verification. One may adopt both the procedures to double ensure the accuracy and uniqueness.
Once trademark verified through trusted resources, Company may work further. In the case of duplicity, it needs to get it re-design again and will have to conduct the same research again till exclusive trademark found. Once uniqueness achieved, Company or representative must require drafting an application along with the requisite documents. After filing an application, the company may use ‘™’ till the approval received.
Once the application reached to Trademark office, they will check the data to avoid duplicacy. In the case of duplicate application, last application can be rejected. Otherwise, the mentioned trademark will be published in Trademarks Journal for 4 months to check any voice raised against the said trademark. If anyone creates objection, Trademark will be in issue for hearings till the issue get resolved. Once all the clarifications received from legal sides, Trademark can be sent for registration and will be approved within 6 months. Application status can be checked or reviewed online through application number assigned to the trademark owner.
Trademark being an intellectual property and intangible asset holds an important place in business for at least 10 years which is to be renewed after 10 years. A company may renew the same trademark or can apply for the new trademark while following the same process mentioned above.