A name that is to be trademarked can be a slogan, name of the company or its products. The trademark name plays a major role as it represents a perfect identity to the product or a company. The trademark name can also be termed as trade name. The most important aspect of the trade name is that it should be distinct from the other names. It should not be alike or sound the same as the other trade name, if so the trade name will not be registered.
The name that is to be trademarked, should first undergo a trademark search which can be done through the official IPIndia website and the search can be made through the link in the IPIndia website. To begin with the search it is necessary to first make the registration process. The registration can either me made online or can be made directly in the trademark office. The fees for the search for a single class will be Rs 400/-. After the payment, the client or the trademark attorney will receive a user name and a password through which a detailed search can be made. The search can be made only for fifteen minutes after which the process will be automatically logged off. The search will provide the user the complete details of the trade name.
Once the search is over, the user can make sure that he/she can register the name. This can be done by filing form 1 and form 2 (for convention country) with a prescribed fee of Rs 2,500/- (Two Thousand Five Hundred Only) each. The registration form should be made in triplet and the representation should be made five in number. The trademark registration form should contain details such as the name, address, nationality, state and country of the proprietor of the trade name. Incomplete forms will not be considered by the officials.
The name trademark which is registered in India may be granted, issued for examination or opposed. This can be viewed by visiting the above mentioned website, where the status of the trademark can be viewed by entering the application number of the trademark that was registered. A notification of the same will also be sent through letter by the patent office.
The name trademark that is registered in India can have the symbol ® (for those who are the proprietor the trademark, it would be unlawful if a person who is not a proprietor uses such symbol) (can be used just to mention that he/she is a proprietor of the trademark, but its not unlawful to use)
The name trademark registration can be made by the trademark attorney who will follow out the procedure to register a trademark, notification of opposition if any, to prepare trademark responses and other necessary legal information related to trademark or service mark.
The trademark that is registered can make the business of the proprietor as a secured one. The can be people who can rely upon the products whose name is a registered trademark. Even if there are other confusing marks with that of your name, the registration of trademark will make it a point to keep your product away form any infringement cases and thus prevent any loss to your company and to your business.