Get your brand secured through registration under the Trademark Act 1999 otherwise you are exposed to the unauthorized use of your brand and consequently, loss of money shall be followed.
In order to avoid all such nuisance, it is highly recommended that you go for brand registration and indulge yourself in the core business activity. A trademark is registered under the trademark Registration act 1999. It is registered by the Controller general of patent design and trademarks, Ministry of Commerce and Industry.
Once a Trademark is granted, it is granted for 10 years; on the expiration of 10 years, it must be renewed further if needed, this way it is renewed for every 10 years. A trademark registration is obtained for the purpose of a business name, taglines or captions, different letters, a combination of colors, unique catchphrases even smell. It creates and provides a company/business separate identity. Through registration, the goodwill attached to such brand is secured.
The trademark registration starts with Search for the trademark, followed by the application for the trademark, thereafter it will be examined by the Registrar and shall be published by the registrar to call of objections in the trade journal, in case there are objections raised by the third party, hearing for the same will be held. It remains open for objection for about 3 months. In case the objections hold substance, the Trademark application will be rejected otherwise Trademark registration certificate shall be issued. A trademark can also be licensed or assigned.
One needs to clearly understand this that the trademark registration is not mandatory, but in case you have not registered your trademark, your legal rights are not recognized in the court of law.
In the case where your trademark is registered in the other countries as well, the date of such registration is required to be mention in the application for a trademark.
