In the simplest language a trademark is any design or picture that depicts company’s unique identity. It is brand’s intellectual property, which its loyal customers trust upon. Any act of infringement of trademark by the third party may lead to strict action by law.
The trademark registration starts with finalizing a trendy and catchy brand name. Then comes the most important step of preparing the application and submitting it along with identity proofs, after which the verification process starts. The registrar of trademark verifies whether your brand name complies with existing laws or not. Once it gets approved, your trademark is published in Indian Trademark journal, after which you are legally permitted to use it anywhere.
Unless the trademark officer is fully satisfied that the documents that are shared are as per the law, he has rights to object the application. The reasons can be numerous – Similarity with other registered trademark name, incorrect form, discrepancy in applicant/applicants name, failure in filing the form TM-48, incorrect address or descriptions of goods and services. Why take risk, when Taxfacc is here to get the trademark registered for you in one go?
Within 3 months of trademark registration, any third party can oppose the trademark on several grounds like similarity etc. The registrar of trademark sends the notice to the company who has to file a counter statement within 2 months along with proper evidence. After considering both parties statements and evidences, the registrar decides to accept or reject the trademark.
In case there is no objection within 3 months of its issue, then the trademark certification is granted. The company can now use (®) beside brand’s name.
Registered trademarks are valid for 10 years. The registrar sends the business a letter of reminder 6 months before the expiration date but it still fails to renew, a notice in trademark journal is issued indicating the removal of trademark. However, entities can still restore the trademark, but have to pay fine. One can renew the trademark as is, or with some alterations. Both the options are open, it’s just that you must pay heed to time and Taxfacc is there is do it all for you.