STEP BY STEP PROCEDURE FOR TRADEMARK REGISTRATION IN INDIA
What is a trademark?
A trademark is for your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered. On receiving ™ Application number you can start using ™ .
Why should i file application for trademark?
Who can apply for a trademark? How can an individual/business apply for a trademark?
Benefits of a Trademark registration
The greatest benefit to having a registered trademark is to be able to safeguard oneâ€™s brand as well as the business by instrumenting to the compassion of oneâ€™s business. In addition to this, having a strong brand can act as a direct link between the customer and the product by making sure they are reliable and associated to the business for a lasting period of time.
Significance of a Trademark registration
As it is clear from above how advantageous it is to register a trademark while running a business, let us now understand the significance of the registration:
A TM provides exclusive identity
Ever since the market place has got crowded with more and more companies and brands it has become close to impossible to differentiate among them. Therefore, the only demarcation between companies for exclusivity to attract customers to be able to stand out is by getting an exclusive trademark registered for oneâ€™s brand and consequently build the businessâ€™s prestige over it.
A TM is never- ending
As mentioned above registration of trademarks come with a validity of 10 long years which can further be renewed very easily after every 10 years before expiry and therefore, a trademark can last as long as the business is alive or even longer!
A TM works as a shield
For every entrepreneur it is fundamental to make sure that his/ her brand is safeguarded against competition. Now, in case the trademark that the individual has been working to build already has a registered trademark by someone else, then not only does that individual loses business and goodwill in the market but also loses the privilege to prohibit others from using the same trademark. Therefore, shielding the trademark shall safeguard the trademark/ business, which further assists the individual by preventing others from using similar trademark.
A TM is economical
The cost of a trademark registration is only a one- time cost. Additionally, the time period and procedure of a trademark registration has also been reduced satisfactorily. A trademark registration now takes about 6 months to 1 year to process a trademark registration application.
Moreover, once the trademark gets registered, the same is valid for a time period of 10 years which can be easily renewed every 10 years before expiry of the trademark.
A TM is an asset
A registered trademark is an absolute asset for the business/ brand/ company which directly brings home goodwill. As a result, the desirability of a trademark thrives with the growth of the business. In fact, a registered trademark can be sold, transferred or purchased or even be utilized as a security to obtain a loan which is similar to any of the other tangible assets.
Step by step procedure to register a trademark:
The process to get a trademark registered involves filing of the trademark registration application, examination of the trademark, publication or advertisement of the trademark, opposition (objections) if raised/ found, registration of the trademark and renewal of the trademark after every 10 years.
The procedure to register a trademark is simple, however, it is recommended to employ/ get assistance from an expert trademark lawyer for the registration procedure to make it easier and dependable.
Step 1: To search for a trademark
The applicant must be careful while choosing his/ her trademark. Since, there are already tons of different types of trademarks available, once a trademark is chosen, it is essential to carry out a public search on the trademarks database which is available with the Trade Marks Registry to make sure that the trademark is unique and that there is no other trademark which is either similar or identical to his/ her trademark.
The trademark search discloses all the types of trademarks that are already available in the market, either registered or unregistered. The search further tells whether the applied trademark has a competition for the same trademark.
Step 2: To file the trademark application
The application for registration of the trademark can either be filed in a single- class or a multi- class totally depending on the goods and services the business pertains to.
The registration application is Form TM- A which can be either filed online through the official IP India website or physically at the Trade Marks Office which depends on the jurisdiction of the trademark.
The application for trademark registration has to be supported with multiple documents with complete details of the trademark for which the registration is sought. Moreover, in case the applicant is claiming prior use in the trademark, then a user affidavit has to be filed supporting the usage along with the evidence of its prior usage.
Step 3: Examination of the trademark application by the government authority
Post the filing of the trademark application, a mandatory examination report is issued by the Examiner after an extensive examination of the trademark application in consonance with the guidelines of the Trade Marks Act, 2016.
The examination report by the authority may or may not disclose some objections which can be either, absolute, relative or procedural. This examination report by the Trademark Authority is issued within a period of 30 days of having filed the registration application.
A reply to the examination report is required to be filed within a period of 30 days after receiving the report asserting the arguments and evidence against any objections to waive them off.
Step 4: Post- examination
After the filing of the reply to the examination report, the Examiner (Trademark Authority) may appoint a hearing if the Examiner is not entirely satisfied by the reply filed or in case the objections are not met. After the said hearing, the Examiner may accept the mark and subsequently forward the application for publication in the journal or reject the said application if any objection still persists.
Step 5: Advertisement of the trademark
Once the registration application has been accepted, the said trademark is advertised and also published in the Trade Marks Journal for a period of 4 months. The aim behind the publication and advertisement is to invite the general public to filing an opposition against the registration of the mark.
The Trade Marks Journal is available on the official Registryâ€™s website which gets updated every Monday of the week.
Step 6: Opposition from general public
Post the advertisement and publication of the trademark in the journal, any aggrieved person can file a notice to oppose against the registration of the advertised/ published trademark. This notice to oppose the trademark has to be filed vide Form TM- O within 4 months of the markâ€™s publication in the Trademark Journal. In case the applied for trademark is opposed/ objected, then the due process of law has to be followed which includes filing the counter- statement application, evidence as well as hearing in order to get the trademark registered.
Step 7: Registration of the trademark
The final step towards the entire procedure is registration where the application proceeds to registration after conquering the objection and/ or the opposition against the said registration of trademark.
Besides this, in case there has been no objection against the registration of the trademark during the advertisement/ publication period of 4 months, then the trademark is issued an auto- generated registration certificate within 1 weekâ€™s time. Once the registration complete, it is valid for a period of 10 years after which it would be required to be renewed within a prescribed time period.
Copyright © 2019 - All Right Reserved