Trademark is a mark, Logo a name that distinguish one’s goods and services from that of another's.
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Trademark can be a letter, word, logo, phrase, number, picture, shape sound or smell etc.
Trademark is actually the identity of your goods or services. It will help you to distinguish your brand over that of your competitor.
Trademark is a kind of property. It is the most valuable marketing tool for your business to distinguish your business from another.
It is a source of attracting customers towards you. The more valuable you trademark the more successful your business will become.
Once your Trademark is registered it will carry ® symbol which will bring respect to your brand and business.
In trademark registry there is a pre-filing search before filing an application for a trademark registration. In order to start your registration procedure you have to file TM-55. This application is for search. This will helps in the availability of a similar or an identical trademark. If there is any conflicting trademark then trademark registry will ask you to file for a different mark. When you receive a notice specifying the availability of a trademark then you can proceed towards the next step.
The main requirements for filing an application TM-1 are
The application must be filed according to the prescribed rules of the Trademark rules 2004
After filing an application of TM-1, the government will in turn issue you an acknowledgment receipt. This is also called indexing. On this trademark registry will allot you trademark number. This shows that your data has been saved with trademark registry
The trademark registry will then examine your application and will issue you a show cause notice. In this trademark will raise objection on your trademark application. On return you have to send them reply by clearing the raised objection. If you fail to convince the registrar by you reply then the registrar will conduct hearing in which one has to personally visit the registrar and clear the objection. If one fails in clearing the objection then registrar can cancel or reject the application, but if one succeeds in clearing the objection then one’s application get accepted and is ready for next step.
After accepting your trademark, trademark registry will publish it in trademark journal. In this process trademark registry allows public to oppose if one feels that the published trademark is conflicting or copying or cheating someone’s trademark.
The opposing party has three months to oppose the published trademark. In this process trademark allows the opposing parties to fight for their property on sound grounds.
If on one opposes your trademark then trademark registry will issue you demand notice. This means that you have to file TM-11 for certificate.
Registered trademark is valid for period of 10 Years after which it has been expired. After 10 years it can be renewed.