Registration Process of Trademark

Introduction

A "trade mark" as defined by The Indian Trades Mark Act, 1999 means a mark capable of being represented graphically A trademark in layman’s language is commonly known as a brand name. It is a visual symbol or logo that may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colors used to distinguish it from other similar goods or services originating from others.

Trademark Registration Procedure

Step 1: Trademark Search

Many entrepreneurs are not interested in trademark search, they do not understand its importance

. Only having a unique brand name in mind is not good enough to avoid the trademark search. It helps to prevent similar trademarks used by others and trademark litigation.

They can search for a trademark by visiting the trademark search database through a web browser of the Ministry of Commerce and Industry Development of Industrial Policy and Promotion Controller General of Patent Design and Trademarks.

They need to select a wordmark as the search type. After that enter the wordmark you would like to search, after that the database will compare against the search query with three conditions- start with, contains, and match with. Then the class of trademark that is applicable shall be entered. Now, you can start the trademark search.

Step 2: Filling the Application

After the trademark search, you need to opt for registration. First, you need to apply to the trademark registry in India. Now the online application is also available. After applying you will receive an official receipt for future reference.

Step 3: Examination

After filing your first application, the examiner will examine it for around 12-18 months. Your application might get accepted by the examiner, conditionally, or object. If it is accepted unconditionally your trademark will be published in the trademark journal. If not unconditionally you need to fulfill certain conditions or if any objections would be mentioned in the examination report. You will be provided a month’s of time to fulfill the conditions or to respond to those objections mentioned in the report. After the acceptance of such a response, the trademark will get published in the trademark journal. If the response is not accepted you can request a hearing and after that, if the examiner feels that the trademark should be allowed it will proceed for publication.

Step 4: Publication

The publication is incorporated with the registration so after the publication if there is no objection for up to 3-4 months the trademark proceeds for the registration. In case of any opposition, there shall be a fair hearing and the registrar will give the decision.

Step 5: Registration Certificate

When your application will proceed for the trademark registration and publish in the journal you will receive a registration certificate under the seal of the trademark office.

Step 6: Renewal

You can renew your trademark after every 10 years to protect your logo, and brand name registration perpetually.

Conclusion

A trademark has become very important today due to the emerging number of businesses and companies. It helps to protect the goodwill of the companies and businesses. So everyone needs to register their trademarks. People also need to renew their marks for better protection against infringements.

References

• Senthil Kumar, Process: Trademark Registration In India(10 August I2016)

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