A mark is a name or a symbol, associated with professional and marketing attributes to identify the goods or services of one seller in order to differentiate them from those of others. Mark Name is other name of Trademark. Mark Name Registration in India governed by the Trade Marks Act, 1999 & Trade Marks Rules, 2002. Its process of registration includes the same procedure as of trademark. A mark name actually constitutes a trademark.
A mark or a mark name owned by an owner may want to keep it under his proprietorship. Mark names are valuable property. You have spent time and money on developing distinctive products and the goodwill. You should protect them in the same way you protect your other assets. For its protection registration is very necessary.
Its registration process includes the following steps:
- Mark Name Search
- Filing of Mark Name Registration Application
- Examination of Mark Name Registration Application
- Publication of Mark in Trademark Journal
- Registration
The process of Mark registration includes many steps. The first step of mark registration process is search. That is for finding whether the intended mark is existing for registration or not. After that mark registration application is filed for Registration after getting the positive search report. When the application is filed Registration office issues the examination report. Upon receipt of mark registration application, the Registrar issues an examination report after examining the application.
Next step in mark registration procedure is the publication of the mark in the Trademark journal. If no opposition to the mark is filed and opposition is refused, mark proceeds for the acceptance of Registration. If the Registrar considers the mark as a distinctive mark or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal. Finally when the logo is registered the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.
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