Did you know that trademark registration and trademark search operations may now be done online and automated as well? Keep reading to learn more.
Overview
A trademark is an intangible asset that provides value to a business. However, due to the long nature of the procedure, some people will drop their trademark applications. Continue reading to learn how to stay dedicated to the trademark registration in gurgaon.
Nature of Trademark Registration in Gurgaon
A brand is a collection of distinguishing characteristics that, individually and/or together, define a company’s identity. A trademark, on the other hand, is a symbolic expression of a brand’s defining attribute, allowing it to be recognised. Protecting a firm’s brand and trademark is critical because, without a distinct identity, a company is a faceless, nameless entity to the general public, nothing more than another generic product or service.
Obtaining a Trademark registration in India establishes brand identity and distinguishes your goods from other services and items on the market. It is critical to safeguard a trademark if one wants to keep a brand’s distinct character. Let us now have a look at the trademark application process.
Benefits of Trademark Registration in Gurgaon
Legal Protection
Registering a trademark provides legal protection by preventing unauthorized use or imitation of the logo, slogan, or other distinguishing elements used by a business. This safeguards the business from infringement by competitors and ensures its unique identity is protected.
Exclusive Rights
Trademark registration grants exclusive rights to the owner, establishing their ownership and preventing others from using the same mark. This exclusivity strengthens the business’s position in the market and sets it apart from competitors.
Brand Recognition
Registering a trademark creates brand recognition as the product or service becomes associated with the company’s name. This enhances the brand’s reputation and attracts more consumers to the business, fostering growth and success.
Creation of Asset
Trademark registration results in the creation of an intangible asset for the entity or company. This asset adds value to the business, building brand credibility, and attracting more opportunities. It also helps in developing a loyal customer base, both retaining existing customers and attracting new ones.
By registering a trademark in Gurgaon, Haryana, businesses can enjoy these benefits, strengthening their market position, protecting their intellectual property, and fostering growth and success.
Documents Required for Trademark Registration in Gurgaon
For trademark registration in Gurgaon, all you need to do is keep the following documents handy and get in touch with the experts at Vakilsearch for further information.
- Proofs of identity and address of the applicant for trademark registration
- Copy of the PAN Card and Aadhaar Card
- Certificate of Registration or Incorporation of the entity
- Logo (if already designed by the applicant)
Process for Trademark Registration in Gurgaon
Step 1 – Conduct a thorough search for the desired trademark on intellectual property websites using various combinations.
Step 2 – Engage a Trademark Attorney to prepare the trademark application. The applicant’s signature can be approved using Form 48 and TM-1.
Step 3 – Regularly check the status of the application with the Government Processing department.
Step 4 – File the application with the trademark registry, including the required fees.
Step 5 – Upon submission, the trademark registrar will provide an allotment number within 2 working days, allowing the applicant to use the TM symbol. Address any rejections or objections within 30 days of receiving them.
Step 6 – The trademark registry will apply the Vienna Classification based on the figurative elements of the application. The trademark registration officer will review and either accept or reject the application.
Step 7 – If accepted, the trademark will be published in the Trademark Journal. If rejected, the applicant can appeal to the Intellectual Property Appellate Board. If no objections are raised within 90 days of publication, the trademark will be officially registered for a period of 10 years within approximately 12 weeks.
Step 8 – If a third party files an objection, a hearing will be scheduled with a trademark hearing official to listen to justifications from both parties before a final decision is made.
Validity of Trademark Registration in Gurgaon
In India, Trademark registration in Gurgaon is valid for 20 years and can be renewed indefinitely. In India, trademark registration is obtained via the Trade Marks Registry (TMR), which is part of the Controller General’s Office for Patents, Designs, and Trademarks (CGPDTM). The trademark registration procedure may be made as simple as possible with the aid of Vakilsearch‘s professionals.
Before you begin the registration process, you can use Vakilsearch’s free Trademark Search tool to verify whether the trademark you want is available.
Renewal of Trademark Registration in Gurgaon
For trademark renewal in Gurgaon follow these steps:
Trademark Search
Before renewing a trademark, conduct a search to ensure there are no similar or identical marks already registered or filed for registration. The Indian Trademark Office’s website provides a brand inquiry tool for this purpose.
Application for Renewal
Submit the renewal application along with the required fee. The application can be filed up to six months before the trademark’s expiration or within six months after it has expired. The renewal application can be submitted directly at the Trademark Office or online through the Indian Trademark Office’s website.
Application Review
The Trademark Office will review the renewal application to verify that all necessary information has been provided.
Publication in Trademark Journal
After the review, the trademark will be published in the Trademark Journal to notify the public of the renewal application.
Opposition Period
Third parties have four months from the date of publication in the Trademark Journal to oppose the renewal of the trademark if they have valid grounds for doing so.
Renewal Certificate
If no opposition is raised or if the opposition is resolved in favor of the trademark owner, the Trademark Office will issue a renewal certificate.
Paying Fees
Complete the renewal process by paying the required fees. The fees can be paid directly at the Trademark Office or electronically through the Indian Trademark Office’s website.
By following these steps, trademark owners can successfully renew their trademarks, ensuring continued protection and exclusive rights for their brand.
Concept of ‘Prior Use’ of Trademark in Gurgaon
Under trademark law, the organisation that has established first use is awarded priority. Providing documentation of ‘prior usage’ during the trademark application procedure will almost probably give you a leg up on a rival or someone else who uses the identical mark.
This is due to the fact that earlier use often takes precedence before registration. Even if you were the first to use the name and someone else has a trademark registration for it, the trademark may still be awarded to you by the courts. (Pinnaclemontessori.com)
For the quickest and most straightforward path to successful trademark registration, contact Vakilsearch professionals.
Scope in Trademarking a Logo vs Name in Gurgaon
A trademark is any mark that may be represented graphically. As a result, it encompasses a wide range of distinctive features such as a name, symbol, logo, colours, letters, digits, signatures, words, and so on. Both the name and the logo (as well as all taglines and slogans) are significant and worth preserving for a business, both the name and the logo, as well as the other components of a brand’s identity, should be registered.
Conclusion:
It is strongly advised that you obtain legal guidance from an experienced lawyer for trademark registration in gurgaon, ideally a Vakilsearch specialist. Because they are well-versed in the intricacies of trademark search and are capable of conducting a thorough search. Furthermore, if another name or insignia has already been trademarked but you feel you own the primary right to it, you’ll need our help to fight for your corporate identity.
FAQ:
How long is a trademark or service mark registration active in Gurgaon?
A trademark or service mark registration is active for 10 years in Gurgaon. After the initial 10 years, the registration can be renewed for further periods of 10 years each.
Can a trademark and service mark be filed on the same application in Gurgaon ?
Yes. The Trademarks Act of 1999 (the 'Act') does not define a service mark separately. Thus, under the Act, a trademark is awarded to both goods and services in Gurgaon.
What are the fees to get Trademark Registration in Gurgaon?
The fees for trademark registration in Gurgaon vary depending on who the mark is being registered by. Currently the trademark registration fee for a startup, individual or small enterprise is Rs. 4500. In addition to the basic fees, there are also additional fees for things like filing a request for expedited examination, filing a post-registration opposition, and filing a renewal application.
Who can apply for Trademark Registration in Gurgaon?
Any person, natural or legal, can apply for trademark registration in Gurgaon. However, the applicant must be the owner of the mark or have the authority to use the mark on behalf of the owner.
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