Register your trademark in india online process

TRADEMARK REGISTRATION

A Trademark is a type of Intellectual Property that protects names and other marks associated with a particular product or company. A trademark can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors or any combination thereof which identifies products or services of a particular source from others.

A trademark owner can be an individual, firm, company, society, or any legal entity. A trademark may be located on a package, a label, on an Invoice, or on the product itself.

An applicant can write TM on the logo/wordmark after filing the trademark application. The symbol ® which indicates that the trademark is registered can be used after successful registration of the trademark.

It is common for a business owner to use multiple trademarks for their goods, alongside a shared mark that represents their enterprise, known as a house mark. This helps indicate that the goods originate from the same business, ensuring consistency and reinforcing the brand’s identity. A trademark is valid for 10 years, after that registration has to be renewed for another 10 years.

WHAT IS TRADEMARK ?

In today’s competitive business landscape, a unique brand identity is crucial for distinguishing oneself from competitors and establishing a loyal customer base. Trademark registration plays a vital role in protecting this identity by safeguarding brand names, logos, slogans, and other distinctive signs.

WHY YOU REQUIRE TRADEMARK REGISTRATION?

Trademark registration is the process of securing exclusive rights to use a trademark, which is a unique sign or symbol that identifies a business or product. Registration provides legal protection against unauthorized use, infringement, and counterfeiting.

TRADEMARK REGISTRATION PROCEDURE

STEPS INVOLVED IN TRADEMARK REGISTRATION

1.TRADEMARK SEARCH

The first step in the trademark registration process is the trademark search which is required to ensure that your mark is not similar/deceptively similar to any other mark to avoid conflicts in future.

2.TRADEMARK FILING

After successful search, trademark is filed in the form TM-A, with attached documents like TM-48, Affidavit, Invoice, MSME certificate etc. either offline or online. Online trademark registration for brand name and logo is quick and effective. In case of an online filing, acknowledgement receipt with application number is instantly generated on the government portal. After receiving acknowledgement, one is eligible to use TM symbol beside the brand name.

3.FORMILITIES CHECK PASS

If the basic requirements of the trademark application are complied with like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”, otherwise the status shows “Formalities check fail”. If status is “check fail”, all the objections to be complied within the prescribed period to keep the application alive.

4.VIENNA CODIFICATION

This stage of application for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.

5.MARK FOR EXAM

In this stage, trademark application is assigned to the examiner, who either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection.

An examination report of a trademark is issued by an Examiner on the following grounds:

Mark is objectionable under Section 9 of the Trademark Act (absolute ground)

Mark is objectionable under Section 11 of the Trademark Act (relative ground)

Whether any condition, limitation or restriction is required to be imposed.

Whenever an examination report is issued, appropriate reply to be submitted within one month to keep the application alive.

6.OBJECTED

In this stage, application is kept waiting for hearing. Application which reply are submitted generally show the status “Objected”. The applicant is required to submit Affidavit, user documents etc. before the hearing.

At the time of hearing, hearing officer will hear the arguments of applicant/attorney/agent and pass necessary orders accordingly.

7.ACCEPTED & ADVERTISED

If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition within the Journal period.

8.REFUSED

If the hearing officer for any reason, do not accept the application, it is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.

9.OPPOSED

In case, after the advertisement of the trademark in the Journal, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.

A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.

The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.

After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.

10.WITHDRAWN

The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.

11.REMOVED

The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.

12.REGISTERED

When there is no objections or opposition against a trademark within the stipulated period of Journal publication, the trademark is registered, granting the owner the exclusive rights to use the mark with symbol ® with the specified goods or services.

13.RENEWAL

Trademark registration is valid for 10 years and can be renewed indefinitely. It is safe to renew the trademark before expiry to avoid penalty.

CONCLUSION

Trademark registration is a vital aspect of brand protection and business growth. By understanding the importance, benefits, and registration process, businesses can secure their brand identity and reap the rewards of exclusive rights. Remember to conduct thorough searches, file applications promptly, and maintain registration to ensure continued protection.

Feel free to reach out to us at Agarwal Consultancy Services for all your trademark registration-related queries and assistance!