Step by Step Guide on Trademark Registration Process
Words, logos, numerals, phrases, devices, and other items can all be trademarked in India. If a trademark is registered, the owner has the legal right to use it exclusively.
Trademark registration, on the other hand, is a time-consuming process that involves multiple steps. This article discusses the trademark registration process in India.
Before beginning the trademark registration process, the entrepreneur or trademark specialist must conduct a trademark search in the trademark database. A trademark search will disclose whether a trademark is identical or similar to one already registered with the trademark registrar.
You can file an application for trademark registration with the Trademark Registrar after completing a trademark search. The trademark registration application must be filled out completely and submitted with the appropriate fee.
At one of the state’s five Trademark Registrar Offices, you can file a trademark application in person or online. Trademark applications can be filed online by FINAXIS, a trademark agency, or a lawyer.
The following information is required to be included in a trademark registration application:
- Trademark or Logo
- Trademark owner’s name and address Trademark classification or class Trademark used since the date
- Product or service description
Trademark Application Allotment
A trademark application allotment number is issued within one or two working days of filing a trademark registration application with the Trademark Registrar.
The Online Trademark Search tool can then be used to track the trademark application.
After receiving a trademark application allotment number, the trademark owner can normally add the TM symbol next to the logo.
The Vienna Classification also referred to as the Vienna Codification, is an international classification of trademark figurative features established by the Vienna Agreement (1973).
Once the trademark registration application is filed, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative aspects of the mark.
While this process is in progress, the trademark application status is usually “Sent for Vienna Codification.”
Once Vienna Codification is complete, the trademark registration application will be assigned to a Trademark Officer at the Trademark Registrar Office.
The Trademark Officer would then double-check the trademark application for the correctness and write a trademark examination report. The Trademark Officer can either accept the trademark registration application and allow it to be published in the trademark journal, or he or she can object to it.
The trademark applicant has the opportunity to appear in front of the Trademark Officer and answer the objections if the Trademark Officer objects to the trademark registration application.
If the Trademark Officer was pleased with the trademark applicant’s reasoning, the trademark would be allowed to be published in a trademark journal.
If the Trademark Officer is not satisfied with the justifications, the trademark applicant has the option of appealing the judgment to the Intellectual Property Appellate Board.
Trademark Journal Publication
Once the Trademark Registrar approves the trademark registration application, the proposed trademark is published in the Trademark Journal.
The trademark journal is published weekly and comprises all trademarks that have been approved by the Trademark Registrar. The public has the right to object to the trademark registration after it is published in the trademark journal if they believe it will harm them.
If no objections are filed within 90 days of the mark’s publication, it will be registered within 12 to 18 months.
If a third party objects to the trademark registration application, a hearing will be scheduled by the Trademark Hearing Officer.
Both the trademark applicant and the opposing party have the chance to testify and explain why the trademark application should be authorized or refused during the hearing.
Based on the hearings and evidence given, the Trademark Hearing Officer will decide whether the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can be appealed to the Intellectual Property Appellate Board.
If there are no objections or oppositions to the trademark registration application, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark applicant. Once the trademark registration certificate is issued, the trademark becomes the owner’s registered trademark, granting the owner exclusive use of the mark. The ® symbol can now be used next to the logo or trademark.
Trademark Registration Process Flowchart
Rishiraj is a keen learner and eager to learn more about the financial world. As a content writer at Finaxis, he hopes to capitalise on his newfound inclination for technology and language.