"A trademark (popularly known as brand name) in layman's language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
The Section 18(1) "Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark"
There are numerous benefits to registering a trademark A trademark acts as a guarantee of the quality and origin of a particular good Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark. The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicates so by using the symbol (R) in relation to the goods or Services In respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other
1. APPLICATION: On receiving of required document the Application will be submitted to concern registrar of Trademark.
2. EXAMINATION REPORT: On receipt of Application for registration of trademark, the trademark Registry will examine the Application in all manner and issue the "Examination Report". Generally Under this Report the registry will take search their own record and confirm that Applied Trademark is not similar with already registered Logo, if found they may raise objection to accept the application.
3. REPLY TO EXAMINATION REPORT: on issue of examination report Applicant has to submit the reply of Examination Report whether any objection rise by registry or not within specified time period.
4. ADVERTISEMENT BEFORE ACCEPTANCE: After the completion of stage of examination report, The Trademark Registry will publish the Application in Trademark Journal which is known as "Advertisement before acceptance". In short it means the acceptance of Application and Publication in Trademark Journal.
5. OPPOSITION: Once the Trademark Application published in journal of Trademark, the application will open for opposition by public at least for 4 month.
6. CERTIFICATE OF REGISTRATION: If No opposition raised by public in specified time period, the registrar of Trademark will make entries in its register and provide the certificate of registration to the applicant. On receipt of this certificate applicant will entitled to use word "R" after its logo.