In this article we will discuss the main requirements for trademark registration in India, Trademark Registration is very important part of brand building and creating intellectual assets for any business, Trademark registration process is now fully online procedure and can be done online by applicant himself or through his attorney or agent Authorized by him.
Following are the main requirements of filing of Trademark Application :
Public Search of Trademark (Main requirements for Trademark Registration)
Public search of trademark enables applicant to know the existing mark that are identical or similar to any previously used mark , this helps us to know that we should opt for particular trademark or not , Public search of Trademark can be done online via public search of Trademark link.
Public search of trademark is required to be done carefully, unproperly public search of trademark may lead you in serious trouble and your trademark process may takes years to complete or you may have to leave the mark in vain.
Date of Use of Trademark (Main requirements for Trademark Registration)
Date of Use of Trademark is also most important thing we must take seriously , Date of use makes lot of sense in Trademark registration and help you stand out from others with prior user tag, Applicant of Trademark must ensure that he should have proper evidence for establishment of date of use , Evidence may be any sales bill, Spending on Advertisement etc.
In the trademark registration process applicant must submit affidavit that he is using the mark from the particular date.
Goods and Services Description in Trademark Registration
Goods and Services Description in Trademark is another important thing we must consider seriously, goods and services description helps you to get trademark for the particular product and services, in Trademark there are Forty five (45) classes in total for different goods and services description, we need to carefully decide that in which class our trademark is falling and we should apply accordingly.
Status of Proprietor of trademark in Trademark Registration Application
The Fee Structure of Trademark is based on the legal structure of business of Proprietor , for Single Firm, MSME and Startups fee for Trademark Application of Rs. 4500 and other Rs. 9000 per class, so the applicant of mark is MSME or startup, he should accordingly.
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