The trademarks registry in India was established in 1940 and presently it regulates the prevailing law trademarks act 1999 and their rules to protect the misuse of trademarks. Trademarks registry provides resources, facilitates information centres, and regulates all matters relating to trademarks in PAN India. the purpose of the trademark act 1999 is trademark registration in the country and ensuring protection to the registered trademark or goods and services .this also helps original trademark owners to prevent fraudulent use of their trademark. The main purpose of the trademark registry is to register trademarks that qualify for registration under the prevailing trademark and their amendment act and rules.
What is a Trademark?
In simple terms, trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions .it is important because it differentiates your products from the competition. It can be associated with your brand.
The arrival of online trademark registration in India has enhanced the efficiency and transparency of trademark filing. A trademark is additionally declared incontestable after 5 years of consecutive use from the date of federal registration. An application for registration of a trademark goes through numerous stages of scrutiny before it gets registered. These stages or statuses are briefly explained below. In this article, we are also visiting to decipher the implications of the assorted trademark statuses and so the corresponding action they require for smooth trademarking.
Trademark registration status
Status: New Application
The trademark application has been recently entered into the trademark application database.
Status: Send to Vienna
Codification This step is applicable for a non-text trademark application that contains a logo the moment a trademark application is filed, a Vienna code is assigned thereto if the trademark encompasses logo or figurative elements. The Vienna codification process is finished by the registry, enabling trademark searches to be conducted for logos/artwork. Once this process is completed, there’s still a protracted process to get into the registration process followed by an examination, formalities check, public caution, and finally the registration.
Status: Formalities Chk Pass
When all the essential filing requirements for trademark registration are passed, then the status within the Indian trademark registry website shows as ‘Formalities chk pass’. The trademark registry during this step checks the elemental formality requirements such as:
• Whether appropriate transliteration (if applicable) has been filed
• Whether the POA has been uploaded. In case these basic requirements don’t seem to be fulfilled, the status information is reflected as ‘Formalities chk fail’. After the completion of this procedure, the trademark application goes through a substantive examination. During this phase, objections are also raised under Sections 9 and 11 of the Trademarks Act of 1999.
Status: Marked for Exam
When a trademark application is allocated to an examiner for issuance of the examination report, the Indian trademark registry website shows the status ‘Marked for exam’. The trademark application is scrutinized by the examiner to check whether the trademark is often published within the trademark’s journal, preceding the registration. the next checks are done to see: • Whether the prescribed manner has been adhered to while filling the appliance • Whether any similar trademark in respect of similar service/goods is there on record • If the trademark that has been applied for are often accepted for registration under the Trademarks Act of 1999 • Whether any condition, the restriction is required to be imposed. The examiner will then issue a consolidated ‘Examination report’, which either mentions objections against the application, if any or accepts the application.
If the examiner/registrar raises objections within the examination report, the status of your trademark application will read as ‘Objected’. After the application is scrutinized, objections are additionally raised by the examiner/registrar under Sections 9 and 11 of the Trademarks Act. for example, objections are likely to be made under Section 9, when the examiner/registrar considers the trademark to be descriptive, laudatory, or indicating the
character or quality of the goods/services. To overcome this objection, it’s essential to denote that the trademark is characteristically distinctive and doesn’t comprise any of the above-mentioned categories. This objection can even be avoided if the trademark has developed a unique character due to its extensive use. For this purpose, it’s required to submit a user affidavit with cogent pieces of evidence that show that the trademark has acquired uniqueness over continued usage. Section 11 objections are also made by the examiner/registrar when there is a similar/identical trademark in similar/identical classes of services/goods already on record within the trademark registry. In such a case, the registrar issues a computer-generated search report which comprises the list of conflicting marks.
Status: Exam report issued
The trademark status will show as ‘Exam report issued’ when the trademark application is approved for publication and when it’s due for publication within the trademarks journal. This status information is employed to point out that the trademark has been accepted within the initial examination report, or after the objections are overcome by the applicant by way of a written submission or a hearing.
If the examiner/registrar refuses a trademark application after hearing or considering the applicant’s response to an examination report, then the trademark status within the Indian trademark registry website shows as ‘Refused’. The trademark status may also be read as ‘Refused’ in those cases where a 3rd party is successful in opposing the registration of the trademark. This status will be appealed by filing a petition under Section 91 of the Trademarks Act with the holding appellate board (IPAB) within 3 months.
Status: Adv Before Accepted
If a trademark application is being advertised before its acceptance within the trademark journal by the registrar, then the trademark status within the Indian trademark registry website will show as ‘Adv before accepted’. This status allows any third party to oppose the trademark application within 4 months from the date of the advertisement within the journal. In a scenario where an application is advertised before acceptance and no opposition is lodged during the opposition period, the appliance must be accepted by an Accepting Officer just before the registration certificate is issued. Once this is often done, the trademark status changes to ‘Advertised and accepted’, so subsequently to ‘Registered’. The registration certificate is mostly issued within 3 months of expiry of the opposition period.
In case after the advertisement of the trademark, a 3rd party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status within the Indian trademark registry website will show as ‘Opposed’. A third party usually files an opposition when there’s an analogous trademark published within the journal or if the trademark is purported to be non-distinctive. The trademark status changes from ‘Advertised’ to ‘Opposed’ after a notice of opposition is filed by a 3rd party. This notice is served on the applicant which states the grounds on which the opposition is predicated. it’s necessary to file a counter statement by the applicant within 2 months from the date of receipt of the notice of opposition. The trademark application status is modified to ‘Abandoned’ if no counter statement is received by the registry within the given period.
The trademark within the Indian trademark registry website will show as ‘Withdrawn’ if the applicant files an invitation to withdraw the appliance voluntarily.
The trademark status within the Indian trademark registry website will show as ‘Removed’ if the trademark has been far from the trademark registry. The mark isn’t any longer trademarked within the eyes of the law.
When the trademark status within the Indian trademark registry website shows as ‘Registered’ it means the trademark registration certificate has been issued by the Registrar. After this, the applicant/candidate becomes the registered owner of the trademark. The applicant afterward was entitled to use the ® symbol next to the trademark. Under this Act, trademark registration is valid for 10 years from the date of application.
How to Register a Trademark With finaxis
The process of trademark registration online is more complex than it appears. It involves a number of processes followed by the government. Finaxis has made it easier for you by breaking it down into two parts and doing the majority of the work. Register your trademark today to protect your company’s logo, and brand.
Step 1: Class Selection and Document Collection
Our experts will guide you in selecting the right classes for your business. Then we are collecting the required document given below.
Step 2: Filing Trademark Application
Once we get all the documents, then we will proceed to verify them. Then the trademark application form will be filled out on your behalf and submitted together with the documents.
Congratulations! You can now begin using the symbol ™ as the application has been submitted!
Individuals & Sole Proprietorship
Any person – Indian National or Foreign National can simply register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.
- Copy of the logo, preferably in black & white. In case the logo is not provided, the trademark application can be filed for the word.
- Signed Form-48.form 48 is permission from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor.
Partnership / LLP / Cmpany – Small Enterprise Or Startup
The trademark registration fee differs from Rs.4500 to Rs.9500. For other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide a Udyog Adhar registration certificate.
Partnership / LLP / Company
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
A registered trademark carries a legal presumption that you have a right to use your mark nationally and prevent offers from using it.
Register your trademark within budget and still get the best service. 100% online process. use the symbol right away. get your trademark registered by professionals today. To register your trademark visit https://finaxis.in/
Yogita Yadav .i am a law student .p-B.A.LL.B. love to learn and research new things .
“Wisdom …. comes not from age, but from education and learning” so never stop learning.