• Apr 08, 2022
3 things to know before you apply your brand under trademark registration
1. Tedious Process
Registering a trademark is a tedious process. People who are not familiar with the process would make many mistakes. Even one small mistake could lead to a formality check failure. Suppose you got all the information right but the brand could get objected due to a similar name already registered. if you think the objected brand is not identical to a registered brand, you get a one-month grace period to send a reply. Replying to government queries at the proper time is essential. The government decides whether to accept or refuse the brand taking these reasons into consideration.
You can hire a trademark attorney to handle your trademark from name search availability to registration. An expert will always guide you to the right path. For trademark assistance call 7400398555
2. Usage of Trademark
Getting your brand registered under a trademark is important. But after registering the trademark, usage of a trademark is more important. Indian trademark law states that the brand should be in use for a continuous period of five years and three months from the date the trademark was filed. If there is no bona fide use of the brand for the goods/service mentioned in the registration, cancellation of the trademark is allowed.
3. Legal proceeding Certificate
A legal proceeding Certificate is provided by the government after the brand is registered. The government gives a free digital trademark certificate which is uploaded to the trademark registry after trademark registration. When going for a legal proceeding for trademark infringement facing an opponent the court doesn’t take the digital certificate as legal evidence. Only a legal certificate can be used as evidence for trademark registration while going for a legal proceeding. If the legal proceeding certificate is not submitted to the court at the right moment, a heavy penalty will be given for not having it even if the brand is registered.