Key Points to Check before Filing a Trademark Application
Posted: Sep 10, 2018
Trademark registration can be used to protect a corporation’s name or logo from use by means of other competition. The exceptional proper on the use of mark or logo can be restrained handiest after registration of the mark with the Trademark Registrar. In order to check in a trademark, an application needs to be made within the acceptable format to the Trademark Registrar. The Trademark Registrar would look at the trademark application and allow the mark to be registered if there are no oppositions, whilst the mark is marketed for registration inside the Trademark Journal. In this text, we observe a number of the essential factors of a hallmark application, which could make or damage the registration.Type of Trademark
While registering a trademark, the application can be made for a unique logo, word or other aspects like form, scent, and sound. However, brand or tool and trademark or the most popular kinds. Hence, before starting the application process, expect to have a dialogue about the sort of trademark registration and make certain it's in keeping with the commercial enterprise goal.Class of Trademark
The class of registration additionally impacts the application. For example, if a word "Bullet" is registered under class 12, it nevertheless doesn’t bar the word from being registered beneath class 9, as both classes constitute specific kinds of items. Hence, even as choosing the elegance of registration, its crucial to check the NICE class and make sure that the application matches the class below which the goods/offerings fall under.Trademark Jurisdiction
Trademark Jurisdiction is divided into five areas in India based on the States. The State of the application would determine the correct jurisdiction. Hence, care must be taken to apply for the mark at the correct jurisdiction.
- REGISTRAR OF TRADE MARKS, MUMBAI : The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa
- REGISTRAR OF TRADE MARKS, AHMEDABAD : The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.
- REGISTRAR OF TRADE MARKS, KOLKATA : The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nikobar Islands.
- REGISTRAR OF TRADE MARKS, NEW DELHI : The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh
- REGISTRAR OF TRADE MARKS, CHENNAI : The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island
The trademark registration may be made inside the name of an individual, proprietorship, partnership firm, personal restricted business enterprise, one character employer, LLP, Section 8 Company, Nidhi Company, Trust, Society, etc., Based at the kind of applicant, the documents to be submitted and the accepted signatory could vary. Hence, care ought to be taken to make certain that the trademark applicant and authorized individual signing the utility are as per the Trademark Guidelines.Trademark Description
The trademark description carries a list of products or services the mark represents. Its important for all the goods/service cited inside the description to be inside the class below which the application is made. If the trademark description contains a product or service, not within the equal elegance, then the utility can be refused registration. Hence, special care needs to be taken to ensure that the trademark description is in line with the class of registration.
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