Your little effort can give you the ability to establish your right to the logo ( any word, graphic, sound or color combination) in court, prevents similar names from being registered by other businesses. Actually, it is that kind of asset any investor would be interested in knowing you have, as part of an intellectual property audit. Only 3 days and you can start to use it. Following is the report through which you can register logo and covers the possible problems at each step.

• Availability of Logo Search

The first and foremost thing to do is the search for whether your unique or logo has been taken already. Maybe you have probably conducted a preliminary investigation while checking to see if there are any other domains using the same name as you. It should be done officially with the trademark office. There are two methods of it i.e Online and offline. It will be good if you consult with an experienced lawyer as they are well-versed in the technique and are able to conduct an exhaustive search. Besides, if another such name or logo has already been trademarked but you believe that you have right to it, you would need the help of a lawyer. The search is free of cost and it will take hardly 1 day to be completed.

• Filing of Form TM-1

After searching a unique name, you got your name to fill the form TM-1. This contains only one application. So, to register the classes in two classes (sectors), you have to consult a lawyer. However, in the case of the logos, you would need to also provide a picture of it in the JPEG format. The acknowledgment, which mentions the filing date and application number, is received immediately, but the Original Representation Sheet would take another two days.

• Use your Trademark

For using your trademark, the fee doesn't apply. Now, you are ready to use. Although, it will take a quite long time to get the registration mark, which allows you to use the ® symbol. Maybe it could be up to 2 years and that is in case it all goes smoothly.

•      Issue of Examination Report

In 3-6 months, the process of questioning your claim to the trademarked logo only begins now. First of all, the government will check itself if it has objections to your application. Following are the different cases:

  1. No objection: when the government has no objection to the trademark you have applied for in its examination report, then it will issue a letter of acceptance afterward in the Trade Marks Journal an advertisement will be placed.
  2. An objection: anytime government can raise objection for a variety of reasons: maybe it deems the word or logo too similar to an existing trademark, believe it to be obscene or that it could hurt religious sentiments. If you wish to challenge this objection, you would need to pay a further amount as well as lawyer's fees which should be very minimal. It is important to frame a response to the objection or present evidence of the distinctiveness of your trademark. Remember, the interview with the examiner may also be posted. In this case, it is crucial for the lawyer to be fully aware of your business activities. In case, the government withdraws its objection then it will publish the advertisement in the Trade Marks Journal.

• Advertisement in the Trade Marks Journal

If there is any case of opposition then some legal fees will be incurred otherwise the government has signaled its approval. So, now the public is ready to view the trademark in the Trade Marks Journal. If no one has any problem within 4 months from its publication then the trademark registration certificate will be issued in 6 to 10 months. Moreover, if there is an opposition, the matter could drag on for months, as both parties will be given an opportunity to be heard. Fees for legal activities will also apply.

• Trademark Registration

The cost for trademark registration doesn't apply. It takes around 9 months after the advertisement is published, the trademark will be registered. If there will be an opposition, 9 months after the registrar rules in your favor. It is valid for 10 years at a time after registration and is renewable indefinitely.

This article has been contributed by Sarubpreet Kaur who is a content writer with LegalRaasta. Legal Raasta is an online portal that assists companies and startups with Company registration, NBFC Registration, GST registration and ITR filing.

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