How To Choose A Trademark Expert In India?
Have you ever worked with a trademark expert, especially one from
India?
If not, read this blog instead!
Legal practitioners with a focus on trademark-related issues are known
as trademark experts.
These experts will be familiar with the trademark
registration online process, laws, safeguarding,
and deleting bogus trademarks.
Trademark specialists provide information on the advantages of trademark
registration as well as its legitimacy to trademark owners.
They handle all the legal facets of submitting a trademark registration
application and show up in trademark-related court matters.
Additionally, the legislation outlines the many types of trademark
infringements, the associated penalties, the rights obtained through trademark
registration, how these rights may be transferred or assigned, and the owner's
available legal options.
What Should You Know about the
Trademark Attorney?
A person who specialises in intellectual property laws and trademarks in
India is known as a trademark attorney.
They aid a trademark owner past or future in making a request for and
winning trademark protection.
Additionally, a trademark attorney makes sure that no third party's
rights are violated by the intended brand.
A trademark attorney's responsibilities in India include offering a
variety of legal and non-legal services related to the development, filing, and
upkeep of trademarks and registered trademarks.
A trademark expert or broker can provide legal counsel on issues
pertaining to trademark filings, registration, and opposition.
Tasks And Responsibilities Of Indian
Trademark Experts
Do you know what a trademark expert's primary duties are, particularly
in India? You should be aware that trademark specialists follow precise
guidelines when conducting their work. But as experts have pointed out, they
perform a range of functions.
- Helping
firms select new trademarks.
- Confirming
that the chosen trademark is not already being used by another business or
infringing on the rights of anybody else.
- Legal
support for the use, creation, and registration of already-existing
trademarks as well as assistance with developing and submitting trademark
registration applications.
- During
the registration process, communicate with the Indian Trademark Registry
on the client's behalf.
- helps
ensure that a request is properly registered with the appropriate
trademark office.
- When
there is trademark infringement or a trademark violation, trademark
attorneys help their clients by sending a cease notification.
Personal Attributes
It is essential to realise that a trademark expert needs to have several
unique traits before being used. But in any case, what exactly are those
personality traits?
The most important qualifications for trademark experts and agents are
good communication skills, client service, team leadership, care coordination,
and case analysis abilities.
They ought to be adept at communicating both orally and in writing, and
capable of responding to a range of problems and demands.
We at StartEazy have a team of multiple trademark experts. They will
help you apply for trademark registration online and do the process on your
behalf.
But, if you are curious about what is the process of applying for a
Trademark, here is what you are looking for:
Steps to Trademark Your Brand
There are still some businesses and business owners that put off
registering their trademarks until something goes wrong.
This can be risky since someone else might register the trademark you've
been using to create your brand.
Start the registration process as soon as you can rather than wait until
it's too late. The process is as follows:
- Search:
You need to conduct a detailed trademark search for your logo and brand
name before registration.
- Class:
Trademarks related to various industries are classified under different
classes. There are about 45 classes of products and services. Depending on
your business type, you can apply to get your business registered under
various trademarks at the same time.
- Application:
Based on the search, if the trademark is available, the applicant can
apply for the mark and start using the ™ symbol with their brand’s logo
after receiving approval from the trademark application.
- Registration:
The trademark office will first conduct an overall check based on your
application to ensure there is no objection. After the verification, there
will be no objection and the Trademark office will make an advertisement
in the Trademarks Journal. If there is no opposition from other business
owners within the next four months, they will register your trademark. The
process will take about six months.
Documents Required for Trademark
Registration
The documents that you need to provide for the trademark application
are:
- The
logo of your business.
- You
need to give them a brief description of your business. It is necessary to
identify the class of trademark to which your business belongs.
- A
signed copy of the Power of Attorney.
- Aadhar
card, driving license, or passport of the business owner as identity
proof.
- The
owner of the business also needs to provide certified documents as address
proofs.
Cost of Trademark
The trademark
registration online fees are:
- ₹4500/-
for startups, individuals and small businesses.
- ₹9000/-
for other cases.
Conclusion
Before you can engage a trademark expert, you must be extremely clear
about the kind of position you are seeking. The personnel must also be properly
qualified for their positions.
On the other side, the expert needs to be admitted to practise law in at
least one Indian state and registered to practise trademark law with the IPAB
(Intellectual Property Appellate Board) of the Trademark Office.
The IPAB Trademark Law Bar Exam was another requirement. Many attorneys
who are licenced to practise law outside of the trademark office also hold
degrees in technological engineering. However, based on your unique needs in
that area, experts advise that a cautious deployment of a trademark expert is
necessary.
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