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TRADEMARK REGISTRATION IN INDIA

What is Trademark?
Trademark registrationcanbe done for the following:
Advantages of Trademark Registration
Term/Durationof a Trademark inIndia
Use of the 'TM' andsymbols
"Trade mark" means a mark capable of being representedgraphically andwhich is capable of distinguishing the goods or
services of one person fromthose of others and may include a word, phrase, symbol or design, or combination of words,
phrases, symbols or designs.
Any word, title, symbol, heading, label, name, signature, numeral or any combinationthereof
Any Slogan, Base or PunchLine, etc. whichare usedtodescribe any product better
1. Protects your hardearnedgoodwill inthe business
2. Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus
discourages others fromcashing onyour well built goodwill
3. Gives your products a status of 'BrandedGoods'
4. Gives animpressiontoyour customers that the company is selling some standardProducts or Services
5. The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark
is registered.
6. Toobtainrelief inrespect of infringement (misuse by others) of the trade mark.
7. Power toassign(transfer) the trade mark toothers for consideration.
The termof registration of trademark is 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee,
in accordance with the provisions of the Trademarks Act, 1999. An application for renewal of a trademark can be filed
withinsix months fromthe expiry of the last registrationof trademark.
Generally, one who has filed an application (pending registration) can use the TM(trademark) designation with the mark
to alert the public of his exclusive claim. The claim may or may not be valid. The registration symbol, , may only be
usedwhenthe mark is registered.
An ISO 9001 : 2008 Company
Empowering Entrepreneurship...
PUNE BANGALORE MUMBAI CHENNAI
Tel : +91 20 6729 6500 / 6400 5120 Email : enquiry@bmcgroup.in Website : www.bmcgroup.in
Copyright 2011-12 All rights reserved BMC Consultancy Services Pvt. Ltd.
TM
FLOW CHART FOR TRADEMARK REGISTRATION IN INDIA
Search
Classification
Application
Existence
Modify/ Change
the Mark
No application
Numbering
Examination Report
Hearing
Journal
Publication
Opposition
Reply Evidence
Counter Reply
No Opposition
Registered
Renewal
(Every 10 years)
Denied
Accepted
TIME FRAME
(Working Days)
1
1
TM
(Owner can use )
12 to 15
Months
(Owner can use )
An ISO 9001 : 2008 Company
Empowering Entrepreneurship...
PUNE BANGALORE MUMBAI CHENNAI
Tel : +91 20 6729 6500 / 6400 5120 Email : enquiry@bmcgroup.in Website : www.bmcgroup.in
Copyright 2011-12 All rights reserved BMC Consultancy Services Pvt. Ltd.
TM