A trademark is a specific designed logo,brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any such combinations to represent your firm.It represents your firm and it is known to be a valuable asset for the firm as it will be the recognition of your firm.
The trademarks in India are protected by the trademark act 1999 under the basis of common law. Before the act was passed, the trademark in India was based on the law of England and later; the first enactment was made also known as the registration act 1938. In 1958 another act was passed which added extra statues like Indian penal code, criminal procedure mode and sea customs at. Finally the act made in 1999 repealed the previously made acts and is also now in use by the Indian government.
Every registered trademark has to fulfill the requirements needed in the trademark act of 1999. The ministry of commerce and industry controls the trademarks with the help of various governmental department under its control which is administered by the Controller general of patents, designs and trademarks which further reports to the department of industrial policy and promotion and finally again to the ministry of commerce and industry.
In order to get your own trademark you need to go through lengthy process, which assures that the trademark you are using to represent your organization, firm or your product does not abide the law, any person or any organization in any kind of manner. The process begins with filling the form; here in you have to fill required information, which is correct and authorized by the government.
Once the form is submitted, the registry acknowledges it within a period of 20 days. Once acknowledged it is held in the process where anyone who holds any objections against it is awaited and the process takes in a period of 3 months. If any objections are noted then there is a reply made to it with an affidavit if necessary. And if there are no objections held then your trademark is advertised in the trademark journal. Once advertised there is a period of 4 months where the government checks if there is any opposition by the public. In case any, then you have to reply to the notice of opposition and later a personal appearance is to be made if necessary. But if there is no opposition by the people also then your trademark will be authorized and you will be handed a registration certificate, which proves that the trademark is approved by the Indian government and gives you the power of suing anyone who uses it illegally without your consent. The trademark is then registered and then valid for a period of ten years.
The above mentioned process takes a period of 15-18 months. The process is time consuming but it will only allow you to carry on your work with peace without any later illegal accusation.