The salient features of Trademark Registration are as under:
Trademark must be distinctive. Distinctiveness can be inherent or acquired. Many famous brands are known by their trademark such as Cadbury, it is identified through its purple packaging.
Trademark should be a non-descriptive in nature. Like Kodak, it does not describe the kind or nature of its products.
The registered trademark gives owner a surety of the products and conformity of its quality. Hence owner of a registered trademark can file a suit for unauthorized use of that trademark.
Social media is one of the efficient mode of advertising. With the development of e-commerce industry, the importance to online registration for trademark is more reliable than going to officers and standing in queues. And registered trademark gives you the benefit of advertising.
Before starting, the registration process a business person or a trademark professional must search for trademark in the trademark database. This will provide you information that your trademark is similar or identical to the already existed trademark or not.
After completion of trademark search, application for trademark registration is filed with the Trademark Registrar.it must be made in the prescribed form along with the fees.
After the registration of Trademark by filing forms, than a trademark application for allotment number is provided within one or two working days.
Vienna Codification is established by the Vienna Agreement 1973, it is an international classification of the figurative elements of marks. The Trademark registrar will apply for the for the Vienna classification to check its international applicability.
Once Vienna classification is completed, the process will be further allotted to a Trademark Officer in the trademark registrar Office. Now the question for claiming to the trademark will start, where the government will verify whether the application is having any objections. If there is no objection then letter of acceptance will be issued. And if there is an objection, then your trademark lawyer needs to file a response to the objection and present the distinctiveness of your trademark.
When the trademark registration is finally accepted by the trademark Registrar, then the proposed trademark is published in the Trademark Journal. The trademark Journal is published weekly and contains the list of all the trademarks that have been accepted by the Trademark registrar.
Finally when there is no objection for the trademark registration application, then the trademark manuscript and trademark registration certificate will be prepared and once the registration certificate is issued then the trademark is considered as a registered trademark.
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