How to get trademark

Originally posted by : Biraj
	How to register a name to get a trademark? its littlebit urget so pl advise me

Procedure for the Registration of Trademarks :-

1. Search for the Name, Device, logo, Label intended to be applied as Trademark.

2. Apply for registration of Trademark in form TM-1 in triplicate alongwith five additional representations and pay the fee by DD in favour of the registrar of Trademarks .

3. Next stage is Examination of application by the department and issue of the examination report raising objections under different Sections of the Act or accepting the mark to be advertised.

4. Replying to the official objections and ask for hearing if required.

5. In hearing put up all evidence in support of trademark application.

6. Getting the order for trademark to be advertised, the advertisement is done in the Official gazette called Trademark Journal and is available to any member of the public to oppose the application with in 4 months of the date of the publication.

7. If no opposition is received or opposition is decided in favour of the applicant, a certificate of Registration is issued which is valid for ten years and after that renewable for every ten years on the payment of renewal fees.

Regards 

Summit Aggarwal

 www.iprindia.in

contact @ iprindia.in

Your trade mark can be a valuable business asset. Trade marks have come to represent not only actual goods and services, but also the reputation of the business. Normally a Trademark indicates to your logo or brand, which is distinctive from your competitors. A trademark can be a word, letter, number, phrase, symbol, shape or combination thereof. To know the tradeamark registration process at https://www.dobizindia.com/trademark-registration/.

Dear Sir, I filed a Trademark which was opposed and i filed counter statement (Within 10 Days)  but opposition party did not file any evidence for 3 Months, neither intimate me (Party) to go for without evidence and as per opposition affidavit.  what is the next step i can take, to ask Trademark authority to take further step..
 

For registering a trademark in India, you are required to follow a thorough process through the Controller General of Patents, Designs & Trademarks. The process of trademark registration consists of several steps that need to be followed. Here’s how it works: 

1. Trademark Search:

Before applying for trademark registration, it’s important to conduct a trademark search on the IP India website to ensure that your brand name/logo is not already registered or similar to any existing mark.

2. Choose the Correct Class:

Trademarks are categorized into 45 classes based on the nature of goods/services. Choose the correct class(es) relevant to your business.

3. Prepare Documents:

Submit identity/address proof, logo (if any), nature of business, and Form TM-48 (if applying through an agent).

For companies, the applicant needs to submit a Certificate of Incorporation and other relevant details.

4. File Trademark Application (Form TM-A):

File online through IP India Trademark Portal or with the help of a trademark attorney. Pay the applicable government fee (₹4,500 for individual/startup/MSME; ₹9,000 for others per class).

5. Examination & Objection (if any):

The Trademark Registry examines the application and may raise objections if it finds similarities or procedural issues. If objected, a response or hearing may be required.

6. Publication in Trademark Journal:

If there is no objection or opposition, the mark is published in the Trademark Journal for public viewing.

7. Registration Certificate:

If no opposition arises within 4 months of publication, your trademark is registered, and you will receive a Registration Certificate valid for 10 years (renewable).

Conclusion

In conclusion, trademark registration procedure involves several legal formalities to safeguard your brand identity and give you exclusive rights to use it. Consult a trademark expert such as Setindiabiz for a hassle-free trademark registration process.