Trademark registration is a legal right of exclusivity one can obtain for logos, numerals, words, slogans, or services. The owner gets the sole right to replicate it for commercial purposes. It is also sought by businesses for branding purposes.
But is it easy to obtain a trademark? What is the trademark registration process in India? This article breaks it down for you.
Step 1: Trademark Search
This is the first part of a trademark registration process. Even before one ventures out to officially file papers, one has to make sure the trademark is unique. This is done by conducting a trademark search or TM search.
A trademark search in India is an exhaustive search that ensures that the proposed trademark does not infringe the right of any previously trademarked item. The trademark search in India is conducted on the Trademark Registrar’s Website.
Step 2: Trademark Filing
A TM search reveals whether or not it is acceptable to move forward with a proposed trademark. The next step is to apply to the Trademark Registrar. This application has a particular format and includes a fee as well. This application can be filed online or offline. If you seek trademark filing services, they will take care of the filing procedure.
A trademark application should contain information such as the logo or trademark, the name and address of the trademark owner, the class to which the trademark is classified, the date since the trademark has been used, and the description of the services or goods.
Step 3: Trademark Application Allotment
After filing the trademark application, a trademark allotment number is given within a day or two. Once this allotment is given, the trademark owner can use the sign ™ next to the logo.
The status of the trademark application can be tracked online through the website.
Step 4: Sent for Vienna Codification
After filing the trademark application, the registrar will send the trademark to be classified based on the figurative elements of the trademark according to the Vienna Codification. This is an international classification that has been applied since 1973. This process will be reflected as “sent for Vienna Codification” in the status.
Step 5: Trademark Examination
The application will then be assigned to a Trademark Officer to review the trademark application for correctness. The trademark officer will then issue a report. The trademark application will then be accepted and published in the trademark journal. If the officer is not satisfied with the application, it will be objected to, which would then have to be addressed by the applicant.
Step 6: Trademark Journal Publication
An application accepted by the registrar is then published in the Trademark Journal. The Trademark Journal contains all accepted trademarks, which allows the public to object to a trademark application with ample reason.
A trademark is given 90 days window to accept objections. If none come, then the trademark is automatically registered.
If an objection arises from a third party, then a hearing is held by the Trademark Hearing Officer, which will provide both parties to provide justifications for their claims. The Trademark Hearing Officer takes the final decision, which can be challenged by a higher body called Intellectual Property Appellate Board.
Step 7: Trademark Registration
Once these processes are complete without objections, a trademark manuscript and trademark registration certificate are issued to the trademark application. Henceforth, the trademark owner has exclusive ownership and the right to use the ® symbol.
The best way to file for trademark registration is to enlist the services of experts like IPFlair. They use their years of expertise to do all the paperwork and guide you through the hassles. Reach out to IPFlair today to book an appointment.