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In the era of startups and innovation, people increasingly use trademarks and other forms of Intellectual property to protect their rights. Having a trademark registered can save you from a lot of legal issues and prevent your competitors from replicating your brand name and goods. However, your job does not end at the application stage. It is equally important to conduct a trademark status search from time to time to take corrective actions at the right time. In this article, we describe how to apply for a trademark and how to check your trademark status.
A trademark is an Intellectual Property that provides a unique legal identity to any product, service, or brand. A trademark can consist of a symbol, a logo, a design, a word, a phrase, and an expression. A business organization, an individual, or a legal entity can own a trademark. In simple words, a trademark is a legally identifiable term of expression that can be used to differentiate products and brands from each other.
A trademark application number is a unique number that every applicant receives after applying for a trademark. The application details are available on the trademarks registry website. You must note down this application number as you might require it at the time of checking the trademark status.
The process of trademark registration involves searching for an available trademark and applying for it. Given below is the process of applying for a trademark -
Listed below are the types of trademark statuses you might see on your trademark application -
It is important to check the trademark application status online because if you fail to take the required action on time, it might waste time and money as well as lead to legal issues. Checking the trademark application status periodically can help you take the required actions at the correct time without any delay.
You must check your trademark status every 6 months from applying to the date of issuance and even after registration. This helps you ensure that no legal formalities are pending from your side. All the post-registration documents have been submitted, and fees paid.
Periodic checking of trademark status helps applicants keep a check on the misuse of trademarks. Routine checking helps ensure that you challenge any unscrupulous activity within time.
Below are the steps to check trademark status in India -
If you find registering a trademark intimidating, you can hire a CA and get your trademark registered without any hassle.
The process of trademark registration is very lengthy, and it can take 24 months to get a trademark registered in a simple case without any opposition, rejection, or objection. In case of opposition, it might take even more time. However, you will get a trademark application number within 2 days of applying.
Here are the steps to download a TM certificate -
The fee for trademark registration by a company, as specified by the government, is Rs.9000 per application through online mode or Rs.10000 per application physically, and for individuals, it is Rs.4500 for each application through online mode or Rs.5000 per application physically for every class.
A trademark registered in India is valid for 10 years from the application filing date, as mentioned in section 25 of the Trademarks Act, 1999. However, the trademark registration can be renewed after expiry.
Jail of 6 months to 3 years and a penalty of Rs.50,000 to Rs.2,00,000 can be imposed if any trademark misuse occurs.
