Trademark
Shalini Mahesh (4 Points)
25 October 2016
CA Shree Jain
(Chartered Accountant)
(1572 Points)
Replied 25 October 2016
(time: about 4 hours) Cost: Rs 0 to Rs. 500
This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step:
(time required: 2-3 days)
Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application.
(time 18 to 24 months) Cost: Government fees is Rs. 4000/- and trademark attorney professional fees is Rs. 3000/- per application per class
The Trade marks office will first check your application to see if it's already been taken. If it has, a trademark objection will be raised.
If it has no objection, it makes an advertisement in the Trade Marks Journal.
If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
Note: objections Dependent Costs Drafting legal response to objections can be from Rs. 2000/- to Rs 5000 in order to overcome the objections and in case hearing is required, the cost per hearing would depend upon the complexity of the matter.
Select and authorize a trademark agent or attorney to represent you.
The trademark attorney conducts a search.
Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.
CA Shree Jain
(Chartered Accountant)
(1572 Points)
Replied 25 October 2016
Investing your time and money to build a particular brand and seeing the same brand name being used by another, robbing you of your hard-earned brand reputation is not an agreeable state of affairs. Many a time, trademark (TM) owners end up in protracted litigation because when the time was right, they did not do trademark registration in India of their brand name. Trademark registration process of the brand name is not a difficult task. A few simple steps, as explained below and you would have the much-needed legal protection of your brand name registration in India.
Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name in mind is not good enough reason to avoid a trademark search. Therefore, trademark search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation. Why waste your money in time-consuming trademark litigation later when you can choose to avoid it in the first place?
After you are sure that your chosen brand name or logo is not listed in the Trademark Registry India, you can opt for registering the same. The first step is to file a trademark application form at the Trademark Office, India. The Indian trademark offices are located at Chennai, Delhi, Mumbai, Kolkatta. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark absolutely, conditionally or object.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfill the conditions or response to the objections.
Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
The step of publication is incorporated in the trademark registration procedure so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.
As seen from the above, trademark registration process does not require much effort. It is a simple process but one which is nonetheless very important for brand name registration. We, at Intepat, can help you with the entire process of registration without you worrying about deadlines and responses. Hence, understand the power of your brand name registration and take steps in protecting it today.