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Step By Step Trademark Registration in India

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. Trademark registration is, however, a long process involving multiple steps. In this article, we cover the trademark registration process in India.

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– Trademark Search

– Trademark Filing

– Trademark Application Allotment

– Vienna Codification

– Trademark Examination

– Trademark Journal Publication

– Trademark Registration

Step By Step Trademark Registration

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Trademark Search

Before beginning the trademark registration process, the entreprene

ur or a trademark professional must conduct a trademark search of t

he trademark database. A trademark search will provide information

about identical or similar trademark that has already been filed with t

he trademark registry.

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Trademark Filing

Once a trademark search is completed, the application for trademar

k registration can be filed with the Trademark Registrar. The applicat

ion for registration of a trademark must be made in the prescribed m

anner and filed along with the fee for trademark registration. Tradem

ark application can be filed at one of the five Trademark Registrar Of

fice having jurisdiction over the State or online. Jitendra Consulting

group provides all types of help to you Trademark Registration in Ind

ia.this Company is 10 years old and best experience.we make your

process it can easy and hassle-free.

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A trademark registration application must contain the f

ollowing information:

Logo or the Trademark

Name and address of the trademark owner

Classification or Trademark Class

Trademark used since date

Description of the goods or services

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Trademark Application Allotment

Once the Trademark registration application is filed with the Tradema

rk Registrar, a trademark application allotment number is provided w

ithin one or two working days. The trademark application can also th

en be tracked online through the Online Trademark Search facility. T

ypically, on obtaining a trademark application allotment number, the

owner of the trademark can affix the TM symbol next to the logo.

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Vienna Codification

The Vienna Classification or Vienna Codification, established by the

Vienna Agreement (1973), is an international classification of the fig

urative elements of marks. Once the trademark registration applicati

on is filed, the Trademark Registrar will apply the Vienna Classificati

on to the trademark based on the figurative elements of marks. Whil

e this work is in progress, the trademark application status usually re

flects as “Sent for Vienna Codification”.

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Trademark Examination

Once Vienna Codification is completed, the trademark re

gistration application will be allotted to a Trademark Offic

er in the Trademark Registrar Office. The Trademark Offi

cer would then review the trademark application for corre

ctional and issue a trademark examination report. The Tr

ademark Officer has the ability to accept the trademark r

egistration application and allow for trademark journal pu

blication or object the trademark registration application.

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If the trademark registration application is objected by the Trademar

k Officer, the trademark applicant has the right to appear before the

Trademark Officer and address the objections. If the Trademark Offi

cer is satisfied with the justifications of the trademark applicant, the t

rademark would be allowed for trademark journal publication. In cas

e the Trademark Officer is not satisfied with the justifications, the tra

demark applicant has the right to appeal the decision of the Tradem

ark Officer before the Intellectual Property Appellate Board.

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Trademark Journal Publication

Once the trademark registration application is accepted by the Trade

mark Registrar, the proposed trademark is published in the Tradema

rk Journal. The trademark journal is published weekly and contains

all the trademarks that have been accepted by the Trademark Regis

trar. Once the trademark is published in the trademark journal, the p

ublic has an opportunity to object the trademark registration, if they b

elieve they will be damaged by that registration. If there are no objec

tions filed within 90 days of that publication, the mark will typically be

registered within 12 weeks – months time.

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If the trademark registration application is opposed by a third-party, a

hearing will be called for by the Trademark Hearing Officer. Both the

trademark applicant and the opposing party have the chance to app

ear at the hearing and provide justifications for registration or rejecti

on of the trademark application. Based on the hearings and the evid

ence presented, the Trademark Hearing Officer will determine if the t

rademark registration application should be accepted or rejected. Th

e decision of the Trademark Hearing Officer can also be challenged

by escalating to the Intellectual Property Appellate Board.

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Trademark Registration

Once there are no objections or oppositions for the trademark registr

ation application, the trademark manuscript and the trademark regist

ration certificate will be prepared and sent to the trademark applicati

on. Once the trademark registration certificate is issued, the tradema

rk is considered to be a registered trademark of the owner, granting t

he trademark owner exclusive use of the mark. The ® symbol can n

ow be placed next to the logo or trademark.

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Jitendra Consultancy Group

Jitendra Consulting Group is one of the best company i

n Trademark Registration in India and worldwide.The

experts will take of Trademark registration, licensing and

also maintaining patents and copyrights business.

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Article Sources

http://www.indiafilings.com/learn/trademark-registration-process/

http://inc42.com/resources/legal/trademark-protection/

http://jitendragroup.blogspot.in/2015/10/process-for-trademark-registration-in.html

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