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Trademark Registration Process in India

How you can get your trademark registered in India?

Trademarks in India normally get registered for a period of 10 years from the date of receipt of the certificate of the trademark. For getting your trademark registered, you need to file an application with all the evidences and documents supporting your business and the application with the registrar office. After proper filing of the application that is according the prescribed format in the Trademark Act of India, you need to wait for the registrar to examine the application and if registrar found it to be right then registrar will approve it and publish it on the trademark journal. If your trademark is not opposed by any other person on the grounds of relative and absolute reasons of refusal of the application, then the registrar accepts it for the upcoming 10 years and you are allowed to use the same.

When the registration application for the trademark is conformed or approved, then you are allowed to use the symbol ® with your products and services. But if the trademark is not used after the approval is made for a period of three months, then it is liable for cancellation and it can also happen if the trademark ceased to be used for a period of five years after a certain period of time. This is according to the Indian Trademark Act which is regarded in this purpose.

Period for registration of a trademark

An amendment was made to the Indian Trademark Act in 2010, where a new clause to the section 23 was added which prescribe the registrar to register the trademark within 18 months from the application of the same if it is found to be correct and appealing, not opposed by any other aggrieved person and even if someone has opposed the trademark, then the order was in the favour of the applicant. This rule is only breakable when central government intervenes into it.

Correction of clerical errors in the certificate of registration

The Trademark Act has provisions for amendment of the certificate in case it got some clerical errors. The register of the trademark can be corrected or amended by the registrar according to the provision of the Act along with the certificate of registration.

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