How to E-Register your Trademark in India?
A trademark is important to a business as it helps to create and protect a brand image. You can register your trademark online through the e-register portal. While one has to wait for 15-20 days after manual filing to receive the receipt of an acknowledgement, one can receive it instantly after e-filing the application. This means you get to use the ™ sign almost immediately after the application process is completed.
How to e-Register a Trademark
The company, with the help of a registered trademark attorney, can initiate the e-registration process. It can be considered a proactive method for registration as it enables the company to complete the whole procedure in 6 to 8 months instead of waiting for 2 years to receive a registered trademark. The e-registration of a trademark involves the following steps.
1. Trademark Search and Classification
The first step before applying for trademark registration is the trademark search. Once you have decided on the trademark, run a trademark search to check if the trademark is unique. If there is any similar or identical trademark already registered, then you have to modify or change yours before you go ahead. If the trademark is found to be unique and devoid of offensive and specifically protected emblems, you can proceed to the classification process.
Trademarks are classified into 45 classes. Based on the products and services offered by your company, you have to find the classes that apply to your business and apply for your trademark under all those classes. Trademark protection is provided for your mark only under those classes, so you have to be careful while choosing.
Another alternative you have to go through an expensive trademark attorney is to use Vakilsearch’s trademark registration service. We take care of everything from trademark search and class selection to applying.
2. e-Filing of Application
The following details should be there to e-register through the online portal of the Trademark Registry.
3. Vienna Codification Process
Vienna Codification is an internal process of the Trademark Registry. In case the trademark comprises figurative elements or logos, the application is sent for Vienna codification. It is an international classification that enables the trademark search of a logo for internal use.
4. Examination of trademark
The Trademark Officer conducts a formality check of the application. He verifies the information in the application as well as checks if the case abides by the rules and guidelines set by the Controller General of Patents, Designs, & Trademarks. If the trademark officer finds any issues or needs some clarification, they will send a trademark objection notice. You have to respond to the notice within 30 days of receiving it with adequate reasons and proof.
If the officer is satisfied with the response, the trademark will be published in a journal. If not they will call for a hearing where you have to present your case through a trademark attorney.
5. Publishing Journal
Once the trademark has been published in a journal, there is a chance for people to raise objections for 4 months. If there are no objections, the registration certificate will be issued and you will have a successfully registered trademark.
If there are any oppositions by third parties, then you need to submit an opposition response and if need be attend a trademark hearing to present your case. Post the hearing, it will be decided whether you will get your trademark registered or not.
If you cross the opposition phase successfully, a trademark certificate will be generated and given to you (soft copy). After that, you can start using the Ⓡ symbol next to your mark.
How to Track the Status of an Application
When you submit an application to the e-registration portal, a trademark number or application number will be generated instantly. An applicant can check the status by following the given steps:
Copyright © 2013-2021 - All Right Reserved