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Today’s world is the world of start-ups and when it comes about launching a brand, company or any business the main part that becomes necessary is getting the trademark registration done. Being registered in the records not only provides reliability to the costumers but makes it easier for the business holder to be safe and legal in eye of law. Trademark is that stamp of the products which assures product to be genuine and straight out of reliable brand.
History of Trademarks
In the initial period, Trademarks used to be governed by the common law which meant trademarks needs to be registered under the Indian Registration Act, 1908 by signing a declaration of ownership. In 1940, The Trademark Act came into existence and it was the first law ever on Trademarks in India which was passed and amended by the Trade Marks Amendment Act, 1943. The trademark registry was covered under the patent office which was later separated to the trademark registry office. It was again amended by the Trade Marks Amendment Act, 1946. On 25th November 1959, the Trademark Act, 1940 was changed by the Trade and Merchandise Act, 1958. The Trade and Merchandise Act, 1958 was revisited by the latest Trademark Act of 1999. The main purpose of that act was to improve the trading and commercial practices and develop the globalization of trade and industry. The Trademark Act, 1999 was governed by the Trademark Rules of 2002.
The importance of registrations of the trademarks
Since already discussed a trademark is a unique symbol representing the class goods of each unique company from the other products in the market. This is important since it prevents the malpractices of duplication and unauthorized reproduction of goods by other people or rivals. To prevent these occurrences the general criteria of trademarks were bought into effect which shall give protection against the unethical activities which might defame the real brand image.
Up till when are the trademarks valid
Once the applicant fills in the application to patent the trademark with the Trade Mark office and it is in process the applicant then becomes authorised to use his trademark symbol with a TM symbol in reference. Once the application is fully processed and an authentication has been done then the R symbol can be used to define the authenticity of the product. Once registered the trademark symbol can be used for 10 years. Upon the near end of validity end the symbol validity can be renewed by paying the renewal fee.
Documentation required for registering a trademark
The various documents that might be required while carrying out the official registration process are:
- Copy of the desired logo for registration
- Details of the applicant including his address proof, name and contact
- Incorporation certificate of the company
- Description of the services provided by the company or the kinds of goods it sells.
- Under which trademark class does the business of the applicant fall.
- Signing of the form of the power of attorney for future considerations and references.
Method of the registration process:
Trademark registration is a simple and easy process that easily gets completed within 4 steps. These are:
- Searching the trademark to the patent: it is important to get or design a trademark which is unique and definitive to the goods and services provided by the individual applicant and is not matched to some other applicant serving in the same goods class as the applicant of registration.
- Preparation to application: once the unique trademark is designed a registration or the applicant form has to be filled in order to start the official proceedings. This requires the above mentioned documents and some processing fee.
- Filing: once the trademark registration in Delhi is completed the trademark filing has to be done by paying a certain amount of fee ranging from 3500 to 9000 depending upon the class or registration opted.
Processing: the last and the final step of the registration is the final processing done by the government to finally serve and authenticate the proposed trademark to the applying individual upon which the individual can start using the R symbol on their brand name.