Trademark registration


hello,

i just want to obtain a trademark for the product we sell. kindly tell me what is the procedure of obtaining it and also FEES & DURATION it will take and the DOCUMENTS i need to submit.

Plz help.

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "trademark" is that symbol you will use to do so. Registering a trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own trademark, if your business is applicable for the same.

Documents required follows:-

A soft copy of the logo in JPEG format.

TM 48 (form of authorization).

Date of first use of the mark.

Name and address of the proprietor of the mark.

Required fee.

How to make a trademark application?

You can make an application for a trademark on Form TM-1 with the prescribed fee of Rs 2,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. This will depend on the place where you reside or have your main place of business.

You will need to do a pre-filing search before filing your trademark.

Once you register your trademark, you will be issued an official receipt with a TM number.

Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview.

Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.

As you defeat objections raised by the registrar, your application is then published in the Indian Trade Marks Journal, with an endorsement stating either that it has been accepted or that it is being published before acceptance.

Once it is published, any person has three months (which can be extended to a month at the registrar's discretion) to file a notice of opposition to registration.

Acceptance or refusal of your trademark application will be considered once the opposition proceedings have been completed.

 
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