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Expertise in Trademark Registration
In the current digital era, it is really important to protect business related intellectual properties. Among these intellectual properties one of the most important properties is trademark. In the current business industry trademarks are the most likely to be copied, hence they must be protected in every possible way. It's not easy to provide safeguard to your intellectual properties like trademark, copyright, GI etc. But difficult doesn't mean impossible. With the help of trademark registration, copyright registration, patent registration etc, you can protect infringement against your intellectual properties. Here we are particularly going to deal with the protection of the trademarks. Trademark registration must be done with the help of an expert who has experience in the similar field. Expert advice is suggested in order to register your trademark because there are a lot of technicalities involved in the registration process and to deal with them some experience is required. Whizseed has a number of professionals who can help you out while registering your trademark effortlessly.
According to the Trademark Act which came into existence in 1999, a trademark is a unique sign or we can say symbol or mark used by a company or individual to differentiate its products as well as services from those of competitors. It could be a word, phrase, emblem, or a combination of these components that clients know as being associated with a certain company. Trademarks assist consumers in identifying and selecting trustworthy products, while also protecting firms from competitors who use identical signs to deceive buyers. So, trademarks are a brand's signature that distinguishes it in the marketplace.
Due to the following reasons you should register your trademark in India:
Following can apply online for the registration of the trademark in India:
Some of the key types of trademark registration in India are mentioned below:
|
Type of Trademark |
Description |
|
Product Mark |
Product marks can be associated with both the product. These are the marks mostly attached with the tangible properties. Such trademarks will fall under class 1-34 of the trademark class. |
|
Service Mark |
Just like the product marks, service marks are affiliated with the services. As services are not tangible we can say that they are the marks associated with the intangible properties. Such marks will come under class 35-45 of the trademarks. |
|
Collective Mark |
Collective marks are the marks which collectively represent product as well as services, this is because they are called collective marks. They make the product and services distinct in the market and provide recognition to the particu;lar goods as well as services. |
|
Certification Mark |
Certification marks are mostly found on the packaged goods in order to show that the product is as per the particular standard. Some of the examples of such trademarks include but are not limited to ISI mark, FSSAI mark etc. Certification marks are issued by particular authorities. |
|
Shape Mark |
Shape marks do not need any explanation as the name of the trademark itself suggests that they are related to the shape of the products. Shape marks provide protection to the shape of the particular product. For example coco cola bottles. |
|
Pattern Mark |
Pattern marks are associated with particular patterns which makes the particular product distinct in the market. Such patterns need to be distinct in order to get protection as or under the category of pattern mark. These are the most unique forms of trademarks under the trademark laws of India. |
|
Sound Mark |
Sound related trademarks are known as sound marks as per the trademark laws of India. Whenever you open the windows you will hear a sound and that sound will cover under the sound trademarks. Particular sounds indicating a particular individual or organization is also governed under the sound trademark. |
To gain the precise shape of trademark registration under the trademark policies, it's vital to pick the proper trademark class. But, it's hard to decide which class applies to a particular trademark due to the fact there are 45 trademark classes under Indian trademark regulations. In order to pick the precise trademark class you have to take recommendation from the professional who's having experience inside the similar field. Choosing the wrong class may result in rejection of your application hence be conscious while choosing the trademark class. Some of the most common trademark classes are given below:
Some of the key documents required for the registration of trademark in India are:
Follow the steps given below in order to do trademark registration
The first step closer to the trademark registration is to do the right trademark search. This is critical because your whole trademark registration will rely upon how correctly your trademark search is done. Trademark search isn't something which can be executed without professional help. Therefore with a purpose to ensure that you will complete your registration process of trademark without any drawback make sure to do trademark search with the assistance of a professional. This trademark search can be finished online as well.
After the proper comprehensive trademark search now you can opt for the submission of a trademark registration application. Before the submission of the application the applicant wishes to prepare the application correctly after attaching all of the requisite documentation with the identical. Once the application is finished and ready to publish make sure to test it two times earlier than submitting it online.
The Vienna Classification, also known as the Vienna Codification, is a global system used to categorize the visual elements of trademarks. Once a trademark enrollment application is filed, the Trademark Registrar uses the Vienna classification to classify and organize the trademark's visual elements.
At this stage nothing will be in the hands of the applicant now it comes in the hands of the authorities. They will thoroughly examine the application submitted by the applicant. All the documents as well as information will be checked and in case there is any doubt regarding any thing authorities will raise the query about the same. The queries must be solved in the limited time prescribed by them. If all the queries are resolved and there are no further doubts then authorities will allow your trademark to be published in the trademark journal.
Once the trademark on which registration has been asked, is published in the trademark journal, the local public has the right to raise any opposition. The opposition can be raised on various basis like infringement, copied mark, well known trademark, already registered mark etc. this stage is a really crucial stage for the registration. If a mark crosses this stage there are higher chances that it will easily get registration or cross the further stages easily.
The application raised by a third party against the trademark which you are trying to register at the stage when it is published is called trademark objection or opposition. If any third apathy thinks that there is trademark infringement, copied mark, well known trademark, already registered mark etc. then he or she can raise the opposition against such mark.
If on the stage of publication any opposition has been raised then the trademark hearing will be conducted by the earring officer of the trademark. This officer will give equal opportunity to both the parties to prove in their favor. After witnessing both the parties arguments now it's on the hearing officer whether he accepts the opposition or rejects the same. If he accepts the opposition your trademark registration application will be rejected and if it is vice versa then the opposition application will be rejected.
Once the applicant completes the above steps now he is on the final step of the registration process that is certification. After clearing the above steps properly one will get the certificate of registration of trademark. After this certification any third party cannot use his or her registered trademark without permission or consent.
In order to do trademark registration, you need to take advice from an expert like Whizseed who will not only make your work easy but also help you out while doing trademark search the very first steps towards the trademark registration. Whizseed has an experienced team of trademark registration professionals who are experienced in trademark registration, objection filing, opposition raising etc., hence they can help you out from filing application for registration to getting the trademark registration certification. Some of the key characteristics of the Whizseed with respect to trademark registration are discussed below:
