What is a Trademark filing?

what is trademark

A trademark is a visual depiction of a name, word, label, device, or numeric character that a company uses to distinguish its goods and/or services from comparable goods and/or services provided by another company.

A trademark application is filed with a patent and trademark office by an individual. Only filing a trademark application does not imply that the mark will be registered. A trademark examiner performs searches from his or her perspective and then publishes the mark for opposition. The mark is registered only if there is no objection. Once registered, a trademark becomes an invariable asset or intellectual property for a corporation, and it is utilized to protect the firm’s investment in the brand.

Trademarks in India are registered by the Department of Commerce and Industry, Indian Government (Patents Designs & Trademarks Controller General) in accordance with the statutory provisions and Rules embodied in The Trademark Act, 1999 and Trademark Act 2016.  It permits the owner of the trademark to seek compensation if there are trademark breaches.

International trademark filing, on the other hand, describes the procedure of registering a trademark in numerous countries of interest (contracting parties) using a single application. This is done through a centralized filing system run by the World Intellectual Property Organization’s international bureau.

Before registering for a trademark, an applicant must carefully consider a number of factors that will influence the trademark’s efficacy. Here are some things to remember:

  • Hire a firm that specializes in IP solutions.
  • Be careful about squandering money on ineffective trademarks.
  • Double-check your trademark’s availability.
  • Be aware of your intellectual property rights.

Steps involved in trademark registration

Is it necessary to file a trademark?

In India, trademark registration is neither required nor necessary. However, in order to gain statutory rights over a trademark, it is advisable to register for trademark. By registering your trademark, you get the right to sue infringers for misusing it. In India, trademark infringement is defined by Section 29 of the Trade Marks Act, 1999.

What is the duration of a trademark?

The duration of a trademark registration varies, although it is typically 10 years. It is possible to renew it forever by paying extra fees.

Who is eligible to file for a trademark?

Any individual claiming to be the proprietor of a trademark for the products and services for which he is using or plans to use the mark, may file an application for trademark registration in India. The following are examples of such individuals:

  • Partnership Firms
  • Trusts
  • Sole Proprietor
  • Joint Individuals or Companies
  • Private limited Companies
  • Other Legal Entities

The proprietor must either be using the mark or intend to use the mark in the future at the time of submitting the application, and registration takes 12-15 months if no objection is lodged by a third party.

What is a Trademark filing?
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