trademark registration in meghalaya easy process
ACS has helped a lot of business to obtain trademark registration in Meghalaya. As trademark registration is a long process it requires proper guidance. Our experts provide proper guidance at the time of trademark registration.
TRADEMARK REGISTRATION IN MEGHALAYA
Trademark registration of a brand in Meghalaya has become productive in modern business world. Trademark registration is imperative to prevent others from adopting the same brand name and logo. It has been witnessed that there are some brand that has been in use since long but has not acquired Trademark registration. In that case, the prior user has to entangle in legal battle to register the same and by that time all the reputation and goodwill earned gets wasted.
ACS has helped a lot of business to obtain trademark registration in Meghalaya. As trademark registration is a long process it requires proper guidance. Our experts provide proper guidance at the time of trademark registration.
WHAT IS A TRADEMARK?
A trademark is a type of intellectual property. A trademark can be any word, phrase, logo, sound, symbol, design, or a combination of these things that identifies your goods or services.
WHY YOU REQUIRE TRADEMARK
The primary purpose of a trademark is to provide brand recognition to consumers. It aims to distinguish goods and services from its competitors and create a brand identity. Trademark registration makes it easy to commercialize or market a product or service with a unique brand identity in line with the market requirements.
HOW TO REGISTER A TRADEMARK
The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. Trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online. Registration for trademark in India is allowed by the Trademarks Act, 1999. The trademark law is fully governed by this Act.
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
|
Entity |
Documents |
|
Individual |
TM-48 (authorization of agent), Identity & address proof, if brand already in use before date of application then supporting user documents with Affidavit. |
|
Single Firm |
TM-48 (authorization of agent), Identity & address proof, Trade License, if brand already in use before date of application then supporting user documents with Affidavit. |
|
Partnership Firm/LLP |
TM-48 (authorization of agent), Identity & address proof, Partnership Deed, if brand already in use before date of application then supporting user documents with Affidavit. |
|
Company |
TM-48 (authorization of agent), Identity & address proof, Incorporation certificate, if brand already in use before date of application then supporting user documents with Affidavit. |
|
MSME/Small Enterprise |
TM-48 (authorization of agent), Identity & address proof, if brand already in use before date of application then supporting user documents with Affidavit, MSME certificate. |
TRADEMARK REGISTRATION FEE
Trademark registration Fee is applicable per class. Trade Registration fee is applicable for goods and services. Trademark Registration fee for individuals, start-ups, single firm, small entities (MSMEs), is Rs 5,000/- (offline), Rs 4500 (online), whereas trademark registration fee for partnership firm, LLP, company, is Rs 10,000/- (offline), Rs 9000 (online). The minimum fee for trademark registration is 4,500/-.
TRADEMARK REGISTRATION FEE STRUCTURE
|
TM Form |
On what payable |
Amount in INR |
|
|
|
|
For Physical filing |
For E-filing |
|
TM-A |
Application for registration of a trademark/collective marks/certification mark/series of trademark for specification of goods or services included in one or more than one classes |
|
|
|
|
Where the applicant is an individual start-up/small enterprise |
5,000/- |
4,500/- |
|
|
In all other cases (Note: Fee is for each class and for each mark) |
10,000/- |
9,000/– |
TRADEMARK REGISTRATION PROCEDURE
STEPS INVOLVED IN TRADEMARK REGISTRATION
- TRADEMARK SEARCH
The first step in the trademark registration process is the trademark search. It is unsafe to proceed further without conducting proper trademark search.
- TRADEMARK FILING
After successful search, trademark is filed in the form TM-A, with attached documents like, TM-48, Affidavit, Invoice, MSME certificate etc. and uploading of logo, image. Online trademark registration for brand name and logo is quick and effective. In case of an online filing, acknowledgement receipt with application number is instantly generated on the government portal. After receiving acknowledgement, one is eligible to use TM symbol beside the brand name.
- FORMILITIES CHECK PASS
If the basic requirements of the trademark application are complied with like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”, otherwise the status shows “Formalities check fail”. If status is “check fail”, all the objections to be complied within the prescribed period to keep the application alive.
- VIENNA CODIFICATION
This stage of application for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.
- MARK FOR EXAM
In this stage, trademark application is assigned to the examiner, who either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection.
An examination report of a trademark is issued by an Examiner on the following grounds:
- Mark is objectionable under Section 9 of the Trademark Act (absolute ground)
- Mark is objectionable under Section 11 of the Trademark Act (relative ground)
- Whether any condition, limitation or restriction is required to be imposed.
Whenever an examination report is issued, appropriate reply to be submitted within one month to keep the application alive.
6.OBJECTED
In this stage, application is kept waiting for hearing. Application which reply are submitted generally show the status “Objected”. The applicant is required to submit Affidavit, user documents etc. before the hearing.
At the time of hearing, hearing officer will hear the arguments of applicant/attorney/agent and pass necessary orders accordingly.
7.ACCEPTED & ADVERTISED
If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition within the Journal period.
8.REFUSED
If the hearing officer for any reason, do not accept the application, it is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.
9.OPPOSED
In case, after the advertisement of the trademark in the Journal, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.
A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.
The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.
After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.
10.WITHDRAWN
The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.
11.REMOVED
The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.
12.REGISTERED
When the trademark status is reflected as “Registered” it means that the trademark registration certificate is generated. After this, the applicant becomes the registered owner of the trademark and will have the exclusive right to use the trademark. Applicant is also entitled to use the symbol ® next to the trademark.
13.RENEWAL
Under the Trademark Act, 1999 registration is valid for 10 years from the date of application. Before expiry it has to be renewed for another 10 years to remain as registered trademark. If registration is renewed after time penalty is imposed, which is known as “surcharge”.
CONCLUSION
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information center and is a facilitator in matters relating to the trademarks in the country. The objective of the Trademarks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trademark for goods and services and to prevent fraudulent use of the mark. The main function of the Registry is to register trademarks which qualifies for registration under the Act and Rules.
Trademark registration gives maximum protection to a brand name, logo and also protects unique font, color combination, get up, trade dress of a product packaging and help to establish one’s prior and superior rights in the trademark.
Trademark registration gives identity to a brand and help to earn the customer’s trust and goodwill through its valued products portfolio, ethical business practices and governance. A trademark, properly called, indicates the source or se trademarks serve to identify a particular entity as the source of goods or services. A trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark. A Trademark is used not only by businesses but also by non- commercial organizations and religions to protect their rights.
Trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign about certain products or services, assuming there are no other trademark objections. Trademark registration is easy if a trademark can distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers concerning the qualities. A trademark may be eligible for registration if it performs the essential trademark function, and has a distinctive character.
A trademark rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally five years in most jurisdictions. In the case of trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of “non-use”. A trademark owner doesn’t need to take enforcement action against all infringement if it can be shown that the owner perceived the infringement to be minor and inconsequential. This is designed to prevent owners from continually being tied up in litigation for fear of cancellation.
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