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Trademark Registration
Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra | Updated: May 15, 2019 | Category: Trademark

Guide for Trademark Registration Process In India

Trademarks are unique expressions relating to different products and services which helps customers to distinguish it from others. Trademark Registration is mostly done by an individual or company. After which they possess complete ownership of the mark and there is prevention of misuse by the third party. Trademark Registration gives legal right to the party to take appropriate steps against the third parties for trademark infringement.

In this article, we will discuss the intricacies of Trademark and the Trademark Registration process in India.

Trademark

Trademarks are visual representations like a word, a symbol, or a phrase, or design, or combination of any of these which recognize and differentiate the goods and services of an entity from those of another entity. Additionally, it acts as an aid for promoting your business.

Filing an application for trademark registration is a quick procedure. Moreover, anyone who seeks to start a business like individual, private limited or public company, sole proprietorship, partnership firm, joint owners and LLP can file an application for Trademark Registration.

However, each of the different class of persons or entity has different criteria for filing a trademark application.

Trademark Registration

Trademark can be a word, logo, graphics or any other combination. In India, most businesses look for Registration of logo or name only. The only way to protect it as your own is by getting the registration under The Trademark Act, 1999.

Registration of Trademark provides the exclusive right to the owner for the usage of the Trademark for their products or services.

Additionally, if the process is complete, then the owner can use the symbol that indicates that a specific trademark is registered.

Protect your business

Building a brand name is a difficult task. To make sure that one enjoys exclusive ownership over the brand logo or name, we need trademark registration. The Trademark Act, 1999, makes it easier to have an exclusive ownership rights over the brand logo or name and restricts the others to use it for themselves.

Trademark Registration Process

Trademark Registration is a long process having multiple steps. After Registration is complete, the Trademark becomes the intellectual property or the intangible asset of the individual or company.  It gives the owner the right to sue if someone tries to copy their Trademark.

Steps for Trademark Registration in India

Trademark Search

One has to conduct a trademark search before starting the procedure for application.

It is important to have a prior search from the trademark database before filing an application for Trademark. Moreover, it provides assistance to the applicant by giving them information about identical trademarks registered with the authority.

Trademark Application

  • After the trademark search is complete, the applicant can file the application before the Trademark Registrar.
  • One has to follow the prescribed format for application and make payments as per the category of the goods an services.
  • If the applicant has to register a trademark for two or more classes. Further, the payment needs to be made accordingly.
  • The Applicant can make an application at any one of the five trademark Registrar office which has jurisdiction.

Key ingredients of the Trademark Application

  • Logo/Trademark
  • Name and address of the owner of the Trademark
  • Classification of the goods and services
  • The date from which one uses the Trademark
  • The description of the goods and services of the Trademark

Trademark Application Allotment

After the application is complete, there is assignment of an allotment number by the Registrar within one to two working days. We can also track the trademark application online through the search facility.

After the owner receives the allotment number, they are free to use/ affix the TM symbol next to their logo.

Vienna classification

After the trademark registration is complete, the Trademark Registrar will send application to The Vienna Classification to the Trademark. The Vienna Classification or Codification came into existence under the Vienna Agreement of 1973. It is an international classification of the figurative elements of the trademarks.

The status of the application will now change to “sent for Vienna Codification”.

Trademark Examination

Once the Vienna Classification is complete the application is sent to the Trademark Officer. He will further examine the application and issue the trademark examination report.

The Officer has power to accept or object the trademark application.

Once, there is trademark objection, the applicant can appear before the Officer and address the objections.

If the justifications of the trademark applicant is satisfactory then the Officials allow the publication of the trademark journal.

If the applicant fails to convince the Officer, he can file an appeal against the decision of the trademark officer before the Intellectual Property Appellate Board.

Trademark Journal Publication

  • After the acceptance of the application, the Head Office of the Trademark Registry has to complete the publication of the Trademark in the Trademark Journal.
  • One can access the Trademark Journal for free from the official website for Trademark.
  • Additionally, the trademark journal is published weekly.
  • Once published, the Public is given an opportunity to file for objection. Furthermore, if no objections are filed within 90 days of that publication, the registration will be complete in a few weeks.
  • If a third party objects the trademark registration application, the Trademark Hearing Officer will conduct a hearing. Both the parties have to appear and give proper justifications for the trademark registration or objections. Based on the pleas of the parties and the evidence provided, the Trademark Hearing Officer will decide the case and either accept or reject the trademark application.

This decision of the Trademark Hearing Officer can be challenged before the Intellectual Property Appellate Board.

Trademark Registration

Trademark Registration

After the whole procedure is complete, the Trademark Registration certificate will be given to the applicant. Furthermore, when one receives the certificate then the trademark registration process is said to be complete.

Trademark Renewal

The trademarks is valid for a specific period, but the parties can file for renewal.

Conclusion

Trademarks are the key to expand business in the market as they help to reach the customers faster. Trademark Registration is a tedious process, and it takes months to obtain the certificate. However, once filed, the authorities allot the application number and the application moves ahead. Once Registration is complete, it is valid for ten years. Trademark Registration is shield towards the wrong usage of famous trademarks. Hence, people should get their registration of trademark when they want to start a business to safeguard their business.

For more information about trademark registration and registration contact LawyerINC.

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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra

Pallavi is a Legal Associate at Lawyerinc. She is graduated from Gujarat National Law University having areas of expertise in Legal and financial content writing. She is having keen interest in legal research, drafting and legal advisory. She likes to keep herself updated with the changing face of legal arena.


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