The logo is a graphical representation of the Organisation and the goods and services associated with the brand. The logo should have the capacity to distinguish between the products or services which are provided by the company.
Trademark ownership is attained only after trademark application is accepted and certificate of registration is provided to the trademark owner. The trademark owner can after registration use the mark on the label of the product or the packaging of the product.
Logo Trademark registration can be done under 45 classes as prescribed by the NICE classification.
The preliminary step of trademark registration is conducting research about the visual mark which you have selected for your business. Trademark Image Search is performed to check the visual similarity of the mark for logo trademark registration.
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Once the trademark availability is checked, the trademark application is filled with form TM-A. After filling the form with required fees and documents, the proprietor can use the mark ™ with their logo or mark.
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Once the application for a trademark is submitted to the registrar, an application number is generated which helps the applicant to track the status of the mark online.
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The examiner of trademark examines the trademark application. The examiner checks whether the mark filed by the applicant is in accordance with the trademark act or not. The registrar of the trademark can reject or accept the trademark application based on the application and availability of the mark.
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The trademark office generates an examination report after 3 months. The time period depends on the backlog in the office. Once the examination report is generated, you need to file a reply within 30 days. If the trademark registration office doesn’t receive a response within the prescribed time, the trademark application will be considered abandoned.
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If the registrar raises no objection, the trademark or logo gets advertised in the trademark journal. The advertisement is made to invite the public to oppose the mark.
Opposition in a trademark application is raised by any third party after the mark is published in the trademark journal. The third party is provided 90 day time period to raise opposition from the date of publication.
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Trademark registration generally takes about 10 to 15 months. Once when all the objections and opposition raised by the registrar or any third party are satisfied the trademark registry provides the certificate of registration. The registration document offers exclusive right for the owner of the logo to use it commercially.
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Using a trademark symbol signifies the claim of ownership over the trademark. The registered trademark symbol can only be used by the businesses or the owner of the logo when they have filed trademark application or once they get a trademark registration certificate from the registrar of the trademark.
A trademark which is registered is presented with the symbol ®, and the trademark which is under the process of registration is advised to use mark ™
Trade Mark act governs trademark registration in India, 1999. The process of trademark registration is set up and done by trademark registry office. A registered logo is protected as long as the trademark application is renewed with the prescribed fee after 10 years.
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