Trademark Registration in India
A trademark refers to any word , symbol or
letters or a combination of these that is used to mark the product so as
to distinguish it from the product of another producer. The trademark
is useful to make the public aware of the producer or the source of the
product. Trademarks play a significant role in product marketing and
thus there are certain rules laid down for the registration of
trademarks. Every country or nation has a set of rules governing the
registration of trademarks. India also has laid down a set of laws
governing the registration of trademarks. For trademarks registeration
in India the owner has to file an application in writing with the
Registrar of Trade Marks in the required format.
Different states of India have their own particular offices wherein
one can file the application for trademark registration . For instance
for trademarks registration in Chennai , one has to file the application
as per the prescribed format and make the payment of the fees either by
cash, bank draft , money order or postal order favouring "Deputy
Registrar of Trade marks", Chennai. For any other information related to
the registration of trademarks in Chennai the Deputy Registrar of
Trademarks at the Trade Marks Registry in Rajaji Bhavan , Chennai may be
contacted.
How to file trademark application in India
The Trade Marks Act, 1999 governs all the matters related to
trademarks and holds good throughout India. By registering a particular
trademark the person gets exclusive rights for its use. Although it is
not compulsory by law to register a trademark , registering the
trademark provides legal protection to it.
The trademark offices in India are situated at five places namely ,
Ahmedabad, Mumbai, Kolkota, Delhi and Chennai. For the registration of a
trademark, the application must be filed in Form TM-1 in any of the
five offices of the Trademarks Registry within whose jurisdiction the
business office would fall. A fee of Rs. 2500/- must accompany the
application form. The application is then processed to check if the
trademark is unique and not one that is already registered. If found
valid then the next step would involve the publishing of the trademark
in the Trade Marks Journal allowing others a chance to raise objection,
if any. If it is found that there is no objection from anybody then it
is registered as a valid trademark and a certificate is duly issued. In
case of any objection and the application rejected by the authority the
applicant has a chance for appeal to the Intellectual Property Appellate
Board.
The general term for which a trademark is registered is for 10 years
after which it has to be renewed . One can renew it for another 10
years after the expiry of the first 10 years. In case a registered
trademark is not renewed then it is deleted from the register of
trademarks.
Registering a trademark although not compulsory as per the law , is beneficial due to the legal protection that it offers.
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