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Trademark Registration

How to register a Trademark and What does a Trademark protect?

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Trademark registration allows a Trademark to use symbols or words used to represent a business or the products offered by a business. The Symbols or words used by a business distinguish the goods or services provided by them from their competitors. After registering a trademark, any other organization cannot use it as long as it remains in use. The Trademark applicant can start using the ™ Symbol with the brand once it is registered. The Trademark acts as an asset for the Company; to protect the brand, an application for trademark registration is a must. The process for trademark registration in India has various steps and requires follow-up with the Government. Hence, it is necessary to be under the guidance of an expert for obtaining the trademark registration quickly.

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Advantages of Trademark Registration

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Types of Trademark

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The IP Rights that can be categorised as Trademark may be many, However, some of the most common examples
of types of the trademark are presented below.

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Procedure For Trademark Registration

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Steps In Trademark Application

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Step 1 : Trademark search

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Team of DIVADHVIK checks trademark availibity or checks brand name availability on the behalf of their clients to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. Because being exclusive do matters. This ensures that there are no issues & there are minimal chances of an objection being raised in the future.

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Step 2 : Create trademark application

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Once we ensure that your chosen name or design is available & exclusive, we send you an authorization letter which has to be duly signed by you and returned to us. These letters give our legal Team to file a trademark application on your behalf.

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Step 3 : Trademark application submission

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Once we receive the authorization letter & provided that no information is incorrect or partial, our legal Team will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark either at the central trademark department office or online.

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Step 4: Trademark registration

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Once a trademark application is complete, your application will be verified by the trademark office. The government can also object if your name similar to some other trademark in the same class, or the name is deemed obscene and hurts religious sentiments.

In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.

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Step 5: Hearing before Registrar

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If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.