How long does it take to get a trademark in Salem?
Trademarks are an important part of intellectual property. A trademark is a distinctive sign, indicator or symbol of a person, business organization, company or any other legal entity that distinguishes itself from other competitors. It is a type of intellectual property, a name, word, phrase, logo, symbol, design, image, or combination of such elements. According to Section 2 of the Trade Mark Act, 1999, a certified trademark means a mark capable of using the goods or services used in the context of a trade that is certified by the owner of the mark. How long does it take to get a Trademark Registration in Salem? is what we are going to be discussed in this article.
WIPO defines a trademark as a sign that is capable of clearly distinguishing the goods or services of an individual or enterprise from other individuals or enterprises. If the owner of a trademark can prevent other competitors from carrying almost the same type of mark, it can lead to confusion. This will secure high quality goods from replacing low-quality goods. Trademark registration in Salem is not required but given the current scenario, it is advisable to register your trademark to prevent anyone from abusing it. The registered trademark provides the owner with a bundle of exclusive rights as it may claim exclusive use of this mark in relation to its products and prevent anyone from doing so. A trademark is also required to gain global recognition, because many brands have local or regional names and they struggle to gain global recognition.Trademark registration in Salem is a lengthy process and takes about 18-24 months to register in a straight forward case without any objections or protests. However, trademark application numbers are usually issued within one or 2 days after filing. We extend our services in Shanti Nagar, Rajaji nagar, M.G Layout, Jayanagar and Banashankari.
Function of trademark registration:
- It recognizes the good or services of one and distinguishes them from the other.
- It indicates that all goods with a certain trademark come from the same source or origin.
- It ensures that the goods are of certain quality and compatibility i.e. guarantee of its changing quality.
- It advertises goods or services and helps the customer make decisions about purchasing goods.
- It creates an image for goods or services.
It creates the goodwill or reputation of a particular product.
Required documents for Trademark registration:
- The power of attorney allows the attorney to apply to the trademark agent in the name of the trademark owner and all related matters.
- Applicant’s e-mail ID and contact number
- If required, the user affidavit is properly notarized and signed.
Small Enterprise / Company: MSME Certificate
- Individual Applicant: Proof of Identity and Proof of Address of Owner (It may be Aadhar Card, PAN Card, Driving License or Voter ID)
Proprietorship Firm : Trademark owner proof of identity and address proof + any legal proof proving the existence of the firm (such as GST certificate)
- Payment of partnership: Deed of partnership + Proof of identity and address of all partners.
Corporate Company: Certificate of Incorporation + Certified Copy of Resolution, Allows Director to sign Power of Attorney + Proof of identity and address of all directors.
Procedure for trademark registration:
Step 1: Search for the weird brand name
Try to come up with a weird and creepy brand name, because the perfect common one must be taken by others. Before choosing a brand name registration, one must do a quick search to make sure no one is using the brand name. Anyone can use search or pseudonyms in collaboration with general words like company brand name or something else.
Step 2: Apply for a trademark application
After the name is finalized, fill out the trademark application i.e. Form TM1. The application costs Rs 3500 and there is a one-time fee with the application, you need to submit some supporting documents:
Business Registration Concerns: Depending on what type of registered business one has, say sole proprietorship etc., the person will have to submit proof of identity and proof of identity of the director of the company.
Logo of 9 x 5 cm Brand standard size of Image
Step 3: Apply the brand name registration application
There are 2 methods for registration – manual filing or e-filling.
In manual filing, we have to go to an authorized person and submit an application for trademark registration at any trademarks office fee in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. When we get the acceptance and receipt of the application, usually within 15-20 days of filing, but in the e-filing system, they give application of acceptance immediately.
And once approved, one can start using the (TM) symbol next to the brand name.
Step 4: Check the brand name registration application
Upon receipt of the application, it is the duty of the Registrar to determine whether the brand name complies with the law and should not conflict with other existing registered or outstanding brands.
Step5: Publication in Indian Trade Mark Magazine
After the examination, the logo or brand name is displayed in the Indian Trade Marks Journal. If there are no barriers within 3 days from the date of release or from a few days to 90 days, the brand name proceeds for acceptance.
Step 6: Issue Certificate of Trademark Registration
If there is no objects, the registrar accepts the trademark application within a duration of 90 days and gives a certificate of registration below the seal of the trademarks registry. After issuing the certificate you will now be allowed to use the registered trademark symbol (®) next to your brand name.
The whole process of brand name registration usually takes between 15-18 months. Once accepted, the certificate of trademarks registration is valid for a period of 10 years from the date of issue. After 10 years, the trademark must be renewed
Trade Online trademark registration in salem is a very difficult task for any business owner and in addition, registration takes a long time to complete. So having a trademark lawyer in the beginning is a better option so that he can save you time.