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A Complete Guide on Steps Involved in Trademark Registration Process

A Complete Guide on Steps Involved in Trademark Registration Process

By trademarking your company’s name, you protect the brand and can stand differently in the market. And, while the Trademark Registration Process will take time in all areas, nothing is worse than failing to protect your brand and potentially facing an infringement lawsuit from a larger company. Trademark Registration Process in India is now possible and convenient, allowing you to trademark any of the following items or even a combination of them: Formal letter, Word, Quantity, Expression, illustrations, Logo, or a Mark of Sound. The trademark registry was established in 1940, followed by the Trademark Act in 1999. Currently, the trademark registry serves as the Act’s operational or functional body. It can also be said to be working concurrently. The trademark registry, as a functioning body, implements all of the rules and regulations of Indian trademark law. In this article, we will thoroughly discuss Trademark Registration Process in India.

Documents needed for Trademark Registration Process 

Trademark Registration is an important procedure that allows a brand/business to protect itself from unauthorized use and infringement. The Government of India has simplified the Trademark Registration Process over time, allowing entrepreneurs to obtain registration for their brands in a matter of months. The following are the various documents required for trademark registration in India. It is important to note that original documents are not required to be submitted during the trademark application registration procedure. Scanned copies of the original documents are sufficient.

Any person (applicant), whether an Indian or foreign national, can easily register a trademark in India. A legal entity or a business entity is not required to register a trademark. Aside from that, the documents required to register a trademark in the name of a corporation are the same as those required for an individual, as follows:

  • A black and white copy of the proposed logo (which is optional). However, if no logo[1] is provided, a trademark application for the word can be filed.
  • Form 48 has been duly signed. This form authorizes a Trademark Attorney to file the Trademark Registration application on the applicant’s behalf.
  • Copy of the individual applicant’s or proprietor’s identity proof, which may include a passport, Aadhaar card, PAN card, and so on.
  • Copy of the individual applicant’s or proprietor’s address proof, which may include the most recent electricity bill, phone bill, etc.

Trademark Registration Process 

Following are the main steps for Trademark Registration Process;

Selection of a Trademark

The applicant must exercise caution when selecting a trademark, as there are so many different types of trademarks available, once a trademark is chosen, it is critical to conduct a public search on the Trade Marks Registry’s trademarks database to ensure that the trademark is unique and that there is no other trademark that is either similar or identical to his/her trademark. The trademark search reveals all of the different types of trademarks that are already in the market, whether registered or unregistered. The search also determines whether the applied trademark is competing for the same trademark.

Filling of Trademark Registration Application

Depending on the products and services the business offers, a single-class or multi-class structure for the trademark registration application can be submitted. Form TM- A is the registration application form, and it can be filed online through the official IP India website or in person at the Trade Marks Office, depending on the jurisdiction of the trademark. The application for Trademark Registration Process must be accompanied by a number of documents that provide complete information about the trademark for which registration is sought. Furthermore, if the applicant claims prior use of the trademark, a user affidavit must be filed, supporting the usage and providing evidence of its prior use.

Selection by the Examiner 

If the Examiner (Trademark Authority) is not entirely satisfied by the reply filed, or if the objections are not met, the Examiner (Trademark Authority) may appoint a hearing. 

After the hearing, the Examiner will decide whether to accept the mark and forward the application to the journal for publishing or to reject it if any objections are still present.

Publication and Advertisement of the Trademark

The trademark is promoted and published in the Trade Marks Journal for a period of four months following the approval of the registration application. The purpose of the publication and advertisement is to invite the general public to file an opposition to the mark’s registration.

Dissatisfaction with the Trademark 

Following the advertisement and publication of the trademark in the journal, any person who is dissatisfied with the trademark can file a notice to oppose the registration of the advertised/published trademark. This notice of opposition must be filed using Form TM- O within four months of the mark’s publication in the Trademark Journal. If the trademark application is opposed/ objected to, the due process of law must be followed, which includes filing a counter-statement application, evidence, and a hearing in order for the trademark to be registered.

Final Registration 

The final step in the procedure is registration, where the application proceeds to registration after overcoming the Trademark Objection and/or opposition to the said Trademark Registration. Furthermore, if no objections to the registration of the trademark were raised during the four-month advertisement/publication period, the trademark is issued an auto-generated registration certificate within one week. Once completed, the registration is valid for a period of ten years, after which it must be renewed within a specified time period. With the end of the Trademark Registration Process ends. 

Conclusion 

You will be assigned an allotment number once you have received confirmation of the application’s filing. With this allotment number, you can track the status of the application online. This will take time; if there are no issues with the filing, you should find out whether your application was approved or rejected in 18-24 months. If there is an issue, this may take longer. Files are prioritized based on the filing date, so the longer it takes, the higher the priority of your application. Another advantage of filing the application is that even if it is not approved, once you have received your allotment number, you can use the TM symbol next to your mark. The registry will issue you a trademark registration certificate once your trademark is approved. This will confirm that your trademark has been officially registered and is now protected. The registration will be valid for ten years from the date of application filing. After this time, you can renew the trademark. Renewal is possible indefinitely. Please keep in mind that a trademark enumerated by the Trademark Registration Process as discussed is only valid and protected in India. For more updates on the Trademark Registration Process reach at BizAdvisors.io.

Read our article:All You Need to Know About Trademark Renewal Procedure in India

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