TRADEMARK REGISTRATION

Trademark is an intellectual property of any individual or business, though it is advised that the trademark should be registered in the name of an individual, as the trademark registered under the business would be termed invalid if the business closes down. Intellectual property can be any recognizable sign, design, or expression that could uniquely identify the service or product of any particular business. The Trademark which is used to identify any particular service or goods is usually termed Service Marks as well. Trademarks can be owned by any individual or business or any legal entity.

Use of Trademark
Trademarks are used to identify the brand owner of any particular service or product. Trademarks can only be used by others only under licensed agreements. If anyone copies a trademark for the benefit of selling under-quality goods or services for marginal gain then that process is called brand piracy. On this account, the owner of the trademark can pursue legal action against the person or business performing trademark infringement. But legal action can only be taken in most of the countries only if your trademark is formally registered.

Registration Process

Trademark registration in India is done by either the Ministry of Commerce and Industry or by the Government of India or Controller General of Patents Design and Trademarks. Trademark registration is a long process since it takes around eighteen to twenty-four(18-24) months for approval. Before applying for trademark thorough research has to be done to make sure that no one else has applied for the same trademark design before. Also, the intellectual identity's specializations or properties should stand unique, only then will your application for trademark be accepted. Once you have checked the entire trademark database for the uniqueness of your brand to avoid any kind of objection, then you have to write an authorization letter and duly sign it and then submit to a lawyer so that they can file a trademark application. Once you receive the Government acknowledgment you can use the 'TM' symbol along with your brand name. There is a possibility that someone may object to your trademark, if not then in around 18-24 months your registration will be confirmed and you will be provided with a registration certification for Trademark.

There are various class of trademark based on the category your intellectual property or identity may fall into. In total there are 45 classes.