February 13, 2024 at 12:35 PM
In the competitive corporate world of today, it’s a challenging task to maintain yours brand identity. Trademark Registration process is a vital step in protecting your brand and strengthen the fundamentals of business. A trademark provides your products or services a distinctive identity that differentiate them from those of competitors and helps customers recognize your brand. The registration process to make sure your brand is adequately secured is defined here:
To search for a trademark, file an application for registration of trademark, to cross-check the trademark, publishing or advertising the trademark, to determine whether any objections raised and to resolve them, registering the trademark, and renewing it after every 10 years are the steps involved in Trademark Registration. In Trademark Registration process important steps includes:
The applicant needs to be aware while selecting a trademark. As there are abundance of trademark names currently in existence, once a trademark has been selected, it is crucial to conduct a public check on the Trade Marks Registry’s trademark database to ensure that the chosen trademark is distinct and hasn’t been taken by someone else that is either similar to or identical to it.
The trademark registration process application may be submitted under a single class or many classes, depending upon the products and services to which the firm is engaged. Form TM-A, the registration application, can be submitted in person at the Trade Marks Office or online via the official IP India website, depending on the trademark’s jurisdiction. Multiple documents that contain all of the information about the trademark for which registration is requested must be submitted with the application for trademark registration. Furthermore, a user affidavit confirming the usage together with proof of its prior usage must be filed if the applicant is claiming prior use of the trademark.
Following the submission of the trademark application, the Examiner of a trademark is required to submit an examination report following a thorough review of the application in accordance with the Trade Marks Act, 1999 rules. The authority’s examination report may or may not address certain objections, which may be procedural, relative, or absolute. The Trademark Authority issues this examination report 30 days after the registration application is submitted. Within 30 days of obtaining the examination report, a response must be submitted stating the reasons and supporting documentation to refute any objections and dismiss them.
After replying to the examination report, the Examiner (Trademark Authority) may schedule a hearing in the Examiner is not satisfied by the reply or if there is any objection which is not addressed in the report. After the hearing, the Examiner may choose to approve the mark if they are satisfied by the reply and submit the application for Journal Publication, or if there is any objection continues, they may choose to reject the application.
After the approval of registration application, the proposed trademark is published in the Trademark Journal. The publication and advertisement are intended to encourage public to oppose the mark’s registration. The Trade Marks Journal is updated every Monday and can be seen on the official Registry website.
Any individual who feels wronged can file a notification opposing the registration of the advertised/published trademark after it has been advertised and published in the journal. Within four months of the mark ® ™ publication in the Trademark Journal, this notice of opposition to the trademark must be filed via Form TM-O. In the event that the trademark application is rejected or objected to, the legal procedure must be followed, which entails submitting a counterstatement application, providing supporting documentation, and holding a hearing in order to register the trademark.
The last stage of the process is registration, when the application moves forward with registration following the defeat of any challenge or objection to the aforementioned trademark registration. In addition, the trademark receives an automatically created registration certificate in less than a week TM if there have been no objections to the registration within the four-month advertising and publication period. Once completed, the registration is good for ten years, after which it needs to be renewed within the allotted time frame.
An essential legal method, which protects intellectual property and establishing exclusive rights to brand names, logos, and symbols is trademark registration. A comprehensive Trademark Search, choosing the proper trademark classification, preparing and submitting a trademark application, post-examinations, and keeping the trademark registration are some of the crucial elements in this procedure.
Brands can be protected from infringement and unlawful use by individuals and businesses who follow these measures carefully and consult experts when needed. Registration of trademark not only gives it legal protection but also raises market awareness and financial value to the asset. As part of their overall intellectual property strategy, firms need to give priority to trademark registration if they want to secure long term success in the market and to deal with the competitiveness in today’s fast-paced economy.
Application filing: You have the option of filing a trade mark application offline or online. Following the offline applications’ digitization, the online and offline applications are combined and processed further via the TM system.
A trademark applicant may submit an application in Form TM-M and pay the appropriate fee to have any errors in or related to their application, or to amend their application, either prior to or following the acceptance of their application but before the trademark is registered. As long as the update doesn’t result in a material change to the trademark that was applied for or adds a new specification for products or services that wasn’t part of the original application, it’s allowed.
Trademark registration is simple and just requires the following four processes, which are shown below: Step 1: Trademark Search. This is the initial stage < Step 2: Get your application ready. The Trade Mark Attorney prepares an application in the second step. < Step 3: Submitting an application. < Step 4: Government Processing.
As per section 25 (Trademark Registration Act 1999), validity of registration is for a period of 10 years. And it can be renewed again.
Section 7 of the Trademark Act, 1999 defines the classification of trademark according to the international classification of goods and services. There are total 45 classes of goods and services which may fall under such classification.