Trademark

Trademark is an Word, Logo, Numerals, Slogan which differentiates products and Services of one business from that of another Trademark Registration provides legal right for exclusive use of the mark to the owner of the trademark. Presently in India Trademark Registration takes around 2 year for the mark to get registered; however registration is effective from the date of filing of trademark Application.

Example of Trademark: Pepsi and Coca Cola  are two trademarks from same industry (beverages) which distinctly identifies source or origin of the goods as well as an indication of quality.

Stage 1 Trademark Search

Before making any step further for trademark application, trademark search is very important thing is required to be made from trademark database provided by trademark department.

Stage 2 Trademark Application Filing 

Once the Trademark Search report is positive, you can proceed for trademark application filing with Trademark Agent/Attorney.

Some of the following information is required for filing Trademark Application.  

Download TRADEMARK QUESTIONNAIRE

1. (Please fill in the following table and email us at mail@fastlegal.in)
   

   S.No.	Particulars	Details
   1.	Applicant Name(Pvt. Ltd./Public Ltd./Partnership Firm/Proprietorship Firm/Trust/Individual)
   2.	Address of the Applicant
   3.	Type of Organisation(Pvt. Ltd./Public Ltd./Partnership Firm/Proprietorship Firm/Trust/Individual)
   4.	Full name of the Signatory(On behalf of company/firm/trust)
   5.	Designation of Signatory
   6.	Nationality of Signatory
   7.	Father’s / husband’s name of Signatory
   8.	Residence address of signatory
   9.	Age of signatory
   10.	Mark/brand name
   11.	Goods / services (exact)
   12.	Trade description(Manufacturer/Traders, Service Providers)
   13.	User Date of the Brand/Mark
   14.	Class of Trade Mark. Kindly refer to class details- there are 45 classes of trade mark.
   15.	Contact No.
   16.	Email id

2. Documents Required : Signed Power of Attorney in form TM-48 from the applicant is required to be give to Trademark Attorney

Stage 3. Submission of Application: Once all the information and documents are ready, Trademark Attorney files the TM application to the Trademark Registry. This process usually takes 1-3 hours.

Stage 4. Trademark Application No and use of TM/SM along with your Mark : Once the TM application is submitted, an application is generated for every TM application. Once you  get the application no. TM can be used along with your mark.

Stage 5. Issue of Examination Report by Trademark Registry : Normally Trademark Examination report is issued after 2-4 months of filing of TM application. In this step if any objection is received than the applicant through his attorney has to file reply for the same to the TM registry and if no objection is received than TM gets published in Trademark Journal.

Stage 6.  Publishing of Trademark in Trademark Journal for  Public Opposition:  Once the mark publishes in trademark journal, it is available for public objection, if any objection is received , opposition proceedings are required to be done and if no objection is received than Trademark

Stage 7. Trademark Registration Certificate: Once all the proceedings are complete than Trademark Registration certificate is issued and proprietor becomes the absolute owner of the mark.