Process of Trademark Registration

 

In India, trademark registration  online is available for words, logos, numerals, slogans, devices, and more. The owner of a trademark has the legal right to use the mark exclusively after completing the process of trademark registration.

Trademark registration, on the other hand, is a lengthy procedure including several procedures. The trademark registration process in India is discussed in this article.

 

Step-by-step process of Trademark Registration

 

Step 1 - Search for a Trademark

The entrepreneur or trademark professional must do a trademark search of the trademark database before beginning the trademark registration process. 

A trademark search will reveal whether or not a trademark is identical or similar to one that has already been registered with the trademark registrar.

The Trademark Registrar website can be used to do a trademark search. The IndiaFilings Learning Center has guides on "How to execute a trademark search" and "Interpreting Trademark Status."

 

Step 2 - Filing a Trademark

After completing a trademark search, you can file an application for trademark registration with the Trademark Registrar. The trademark registration application must be completed in the required way and filed with the trademark registration fee.

A trademark application can be filed in person or online at one of the five Trademark Registrar Offices in the state. IndiaFilings.com, as well as a trademark agent or lawyer, can file trademark applications online.

The following information must be included in a trademark registration application:

• The Trademark or the Logo
• Trademark owner's name and address 
• Classification or Trademark Class 
• Trademark used since the date
• Goods or services described in detail

 

Step 3 - Allotment of a Trademark Application

Within one or two working days of filing a trademark registration application with the Trademark Registrar, a trademark application allotment number is issued.

The application for a trademark can then be followed online using the Online Trademark Search tool.

The trademark owner can usually add the TM symbol next to the logo after receiving a trademark application allotment number.

 

Step 4 - Vienna Codification

The Vienna Classification, often known as the Vienna Codification, is an international classification of figurative features of trademarks that was established by the Vienna Agreement (1973).

The Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative features of marks once the trademark registration application is filed.

The trademark application status is normally "Sent for Vienna Codification" while this process is in progress.

 

Step 5 - Examining Trademarks

The trademark registration application will be assigned to a Trademark Officer in the Trademark Registrar Office once Vienna Codification is finished.

Following that, the Trademark Officer would check the trademark application for accuracy and produce a trademark examination report. The Trademark Officer can accept the trademark registration application and allow it to be published in the trademark journal, or he or she might object to the trademark registration application.

If the Trademark Officer objects to the trademark registration application, the trademark applicant has the opportunity to appear in front of the Trademark Officer and address the objections.

The trademark would be permitted for trademark journal publication if the Trademark Officer was satisfied with the trademark applicant's reasoning.

The trademark applicant has the opportunity to appeal the Trademark Officer's decision to the Intellectual Property Appellate Board if the Trademark Officer is not satisfied with the justifications.

 

Step 6 - Publication in the Trademark Journal

The proposed trademark is published in the Trademark Journal once the Trademark Registrar accepts the trademark registration application.

The trademark journal is published weekly and contains all of the trademarks that the Trademark Registrar has approved. After the trademark is published in the trademark journal, the public has the right to object to the trademark registration if they believe it would harm them.

If no objections are lodged within 90 days of the mark's publication, it will usually be registered within 12 weeks to months.

If a third party objects to the trademark registration application, the Trademark Hearing Officer will hold a hearing.

Both the trademark applicant and the opposing party have the opportunity to testify at the hearing and explain why the trademark application should be registered or rejected.

The Trademark Hearing Officer will decide whether the trademark registration application should be accepted or rejected based on the hearings and evidence presented. It is also possible to appeal the Trademark Hearing Officer's decision to the Intellectual Property Appellate Board.

 

Registration of a Trademark

The trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application if there are no objections or oppositions to the trademark registration application.

The trademark is regarded as a registered trademark of the owner once the trademark registration certificate is issued, providing the trademark owner exclusive use of the mark. Next to the logo or trademark, the ® symbol can now be used.

 

Renewal Process of Trademark Registration

After every ten years, the trademark can be renewed indefinitely. As a result, your logo or brand name registration will be permanently protected.

As can be seen from the above, trademark registration in India is a simple process. It's a basic procedure, but it's crucial for brand name registration. Your agent will assist you with the full registration process. So, you don't have to worry about deadlines or responses. As a result, recognise the value of your brand name registration and take action to preserve it as soon as possible.

 

BENEFITS OF TRADEMARK REGISTRATION

1- TRADEMARK EXCLUSIVE RIGHTS

The owner of a registered trademark has exclusive Trademark Rights. Moreover, they can restrict any third party or individual from using it without permission. Furthermore, the owners are free to use the same trademark for all items or services that fall under the applicable class(es).

 

2- PROMOTES CUSTOMER LOYALTY AND WELL-WISHING

The goodwill and confidence in the market among customers are established by the quality of your product or service that corresponds to the registered trademark. Furthermore, a registered trademark aids in communicating your company's and brand's distinct qualities and vision.

 

3- TRADEMARK PROTECTION AGAINST INFRINGEMENT

Your registered trademark cannot be used by a business competitor or anyone else. However, if another individual does the same, you can file a lawsuit for trademark infringement.

 

4- THE DEVELOPMENT OF A VALUABLE ASSET

You create an intangible asset and get exclusive rights to sell, franchise, assign, and commercially contract your idea when you complete the process of Trademark Registration.

 

5- DIFFERENTIATES YOUR PRODUCT OR SERVICE FROM THE COMPETITION

Customers will be able to recognise and know your product or service if you register a trademark. Customers associate the product's quality with the brand name. It builds the brand's reputation in the market and draws in new customers.

 

6- TRADEMARK PROTECTION FOR 10 YEARS AT MINIMAL COST

Once you have a registered trademark, all you have to do is pay the maintenance and renewal fees. They are due every 10 years from the date of application. Furthermore, Online Trademark Registration is now available at a significantly reduced cost of maintenance. As a result, you can effectively create a unique image of your company or brand at a low cost.

 

7- APPLICATION OF THE ® SYMBOL

After registering a trademark, you can use the ® sign to indicate that it is a registered trademark. Therefore, no one else can use it without your permission.