Steps to Register Trademark Where Company is located outside India.

Your trademark is indeed a valuable intangible property that establishes your company's identity and brand image. Most consumers who want to start a business in India or outside India are frequently unaware of numerous aspects of trademark and company registration. We answer some of these issues and provide extra information in this post to assist you in coming to conclusions about registering your business's trademark. The Trademark Act of 1999 regulates trademarks as well as registration. The Controller General of Patents, Designs and Trademarks (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India, registers trademarks in India.

Steps to Register Trademark Where Company is located outside India.

Introduction:-

Somebody who asserts to be the sole proprietor might lodge for trademark application. A trademark can be held by individuals, a private limited company, a public company, a general partnership firm, a general partnership, a sole proprietorship, and so on.

Usually application for trademark registration inside a proprietorship's identity would be the same for trademark registration inside an individual policy, as follows: It is indeed best to use a black-and-white version of the logo or text. The Form-48 has to be completed and signed.
 

Form-48 authorises a Trademark Attorney to file a trademark application on behalf of the applicant. Evidence of the owner's or individual's identification.

Evidence of the owner's or individual's address. These are some crucial documents which need to be kept for trademark registration for outside India. 

 

Reasons

Anyone, that if an Indian and perhaps a non - resident, might easily register a trademark in India. It is not necessary to organise a legal entity or a corporation in order to register a trademark.

Although if the new company is still in the early stages of development, you should register your trademark for the reasons below. If you hold a trademark and want to use it exclusively, you can file a second trademark registration application with the registrar. This could happen before the company is even formed.

Once the business is up and running, the owners' firm can begin utilising the numerous marks jointly or individually. A brand or its components can be registered as trademarks without a corporation if they are registered as independent trademarks but under the same proprietor's name.

One could save money in the long term by trademark registration for an individual and licensing it to a partnership. In this type of limited liability business, you can use a trademark that you have properly registered. You'll also be paid on a monthly basis.

 

Process of Registration required for the company outside India-

  1. Figure out where the Category you belong to. In India, trademarks can be registered in 45 different classes.

  2. Select a distinct and non-deceptive mark.

  3. Check to determine whether someone else has used the mark / identity before you fix it.

  4.  You're able to file the petition by completing out the Registered trademark form once you've completed all of the processes above (earlier TM-1)

  5.  The Registrar will assess your application after you've finished it.

  6. The Assessor will be able to process the application. If the petition is similar to the one that has already been filed, the Assessor has the authority to REJECT it. 


In response to the examiner's concern, the applicant or his attorney may explain why, despite the objection, the mark should be registered A hearing may be requested by the examiner. After the hearing, the application may be accepted or denied.

  1. Once the registration has been accepted, it will be published in the Indian Trademark Journal.  During the 90-day due process term, a third-party objection may be filed. If there are no objections from other parties, the application will be approved. When a 3rd party's complaint is brought even during the 90-day due process period, the applicant or his lawyer would have to reply to the examiner all over again.

  2. If the examiner is pleased with the answers and proof, the trademark application will be accepted.

  3. The administrator confirms the petition and grants a certificate of registration carrying the trademark registry's seal once all six stages are properly completed.

  4. This trademark would be filed lasting ten years and must be updated every 10 years thereafter.


 

BIBLOGRAPHY: