Who can apply for a Trademark?

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Who can apply for a Trademark

A trademark is known as a brand name. According to layman's language, it is a visual symbol that can be a word name, signature, label, device, or combination of colors used on goods or services and other articles of commerce to distinguish from similar goods or services originating from different undertakings.

Trademarks in India are regulated under the Trademarks Act 1999 and the Trademarks Rules 2017. When a trademark is registered under the act, it guarantees that a third party cannot use the registered trademark without permission. 

In this article, you will explore the trademark registration process and information about the eligibility list for trademark registration.

Who is eligible for Trademark Registration?

Anyone who claims to be the proprietor of a trademark used or proposed which is used by him can apply in writing in a prescribed manner for registration. The application must contain the trademark of the goods or services name and address of the applicant. An agent with the power of attorney, the period of use of the mark. The application should be filed at the appropriate office and the application form shall be filled out in English or Hindi.

  • In the paper form, the selected mark must be capable of being represented graphically.
  • It should identify the goods or services of one undertaking from those of the others.
  • It should be proposed or used in relation to services or goods for the purpose of indicating a connection in the course of trade between the services or goods. Some people have the right to use the mark without the identity of that person.

Trademark Registration Process

  • The initial stage in the trademark registration procedure is a trademark search. It allows an applicant to select a suitable trademark for a firm that has not previously been registered.
  • The trademark attorney will then create an application for trademark registration. Finally, the applicant must sign Form 48 and TM-1 for approval.
  • The registration application can be filled out either manually or via the Internet.
  1. If an online form is completed, a registration acknowledgment receipt will be generated.
  2. If an application is filled out manually, it will be sent to the Registrar or trademark that is situated in a few major cities (Delhi, Mumbai, Chennai, Ahmedabad, and Kolkata). However, contrary to the online method, it would take a few days to obtain the registration acknowledgment receipt.
  • The application will be submitted with the necessary documents and the registrar will determine if a brand complies with specific standards or not.
  • If no objections to the chosen name are received within 90 or 120 days after the examination, the brand name will be published in Indian Trade Mark Journals. Then your trademark application will be granted.

Conclusion

To sum it all up, trademark registration is mandatory for anyone who has a brand or service. It helps your brand to be safe and protected from other brands. To learn about the whole process of trademark registration, contact JR Compliance. They have a team of experts who guide you and assist you.