A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements used by an individual, business organization, or other legal entity to identify their products or services to consumers and to distinguish its products or services from those of other entities. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark
Trademark Registration Process
STEP 1: Trademark Search
It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.
STEP 2: Filing of Trademark Registration Application
The second step in the Trademark registration procedure is filing of Trademark registration application after getting the positive search report.
STEP 3: Examination of Trademark Registration Application:
Third step in the Trademark registration procedure is issuance of examination report by the Trademark office. Upon receipt of Trademark registration application, the Registrar issues an examination report after examining the application.
STEP 4: Publication in the Trademark Gazette
If after a preliminary examination, the Trademark Registrar considers the mark to be distinctive, it orders the publication of the mark in the Trademark Gazette.
STEP 5: Trademark Registration
Fifth step in the Trademark registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Trademark is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.
If there is no objection and /or opposition raised, the process of registration of trademark usually takes 1-1.5 years. But, that is all back end process, one can start using TM mark after filing an application with trademarks registry (i.e. Step-2). The registry will provide acknowledgement that is the proof of successful submission of application.
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