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How to register a Trademark?

PCS yashree dixit 
Updated on 22 June 2020

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Registration of a trademark is very important for a company or if you are starting a new business or trade. The company's logo, name, or signature is the first thing that should be unique from the rest. It should be protected from others. Registering a trademark is a legal process that is provided under the Trade Marks Act,1999.

Any wordmark, device mark, a color mark which can be registered after marking application with trademark registry. The main advantage is once the trademark is registered no others cannot misuse our logo.

Registration of trademark

REGISTRATION PROCESS:

Nowadays, registering a trademark for your business is very easy. Here are a few steps you can follow:

Step1: Trademark Search

The first step to register is to take a trademark search of the trademark database whether such a trademark is available or not. A trademark search will provide information about an identical or similar trademark that has already been filed with the trademark registry.

Step 2: TM form filing

Once the uniqueness is achieved in mark while searching for the mark, you can file an application in form TM-A with the registrar for the registration of a trademark. After filing the application with the requisite fee and documents, the company can use the symbol ‘TM’ until the trademark is approved. A single trademark application can be filed for one or multi-class.

Step 3: Allotment of application number

After filing the trademark registration application with the Registrar, an application number will be generated which helps you to track the application status online. After allotment of the application number, the applicant can use the ‘TM’ symbol with the selected mark.

Step 4: Examination of application

After a trademark application is filed at the trademark registrar office who has jurisdiction over the state, the trademark examiner checks the trademark application in accordance with the provisions of the Trademark Act. The registrar may accept or object the application on the relative or absolute grounds.

Step 5: Receipt of the examination report

Once the trademark examiner reviews the application, an examination report issued by the registry. Usually, reports would be issued within 3 months to 1 year depending on the backlog of the registry.

Step 6: Reply to the examination report

Once you get the examination report, you need to file a reply with the registrar to escape the objection raised by the trademark examiner. You need to file the reply within30 days counted from the day of receiving the examination report. Non-filing of the reply leads to abandoning the trademark application.

Step 7: Advertisement of trademarks journal

If no objection is raised by the registrar or in case of objection, satisfied with the reply, the trademark registrar will publish the mark in the trademark journal. The filed trademark application is advertised in trademark journals to invite the public to oppose the mark.

Step 8: Opposition (if any)

After publishing the trademark, the third party has an opportunity to raise the objection within 90 days from the date of publication. If the third-party opposed the trademark application then both the parties have the chance to appear at the hearing. In case no objection is filed, the mark proceeds to registration.

Step 9: Certificate of registration

When objections and oppositions (if any) are satisfied which are raised by the examiner or third party, then a trademark registration certificate is issued to the applicant. Registration of the trademark granting the exclusive use to the owner of the registered trademark. For a registered trademark symbol, ‘R’ has to be used.

Duration of Trademark:

Trademark can be registered for a duration of 10 years. It can be renewed for a further period of 10 years on payment of the renewal fees. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act. The trademark can be renewed by filling the form TM-R with transaction costs.

Documents required for trademark registration:

  • A soft copy of the logo in JPEG format
  • Applicant details like name, address and nationality and in case of company, the state of incorporation
  • Goods or services to register
  • Date of first use of the trademark in India, if used by you prior to applying.
  • Power of attorney to be signed by the applicant

Types Of Trademark available:

  • A Name. it should not be similar to with an earlier trademark
  • Symbols, images
  • The Combination of Colours or even a single color in combination with a word or device
  • Letters, numerals, or a combination of both.
  • Monograms
  • Sound marks in audio format
 

Why trademark registration is important in India

There are a few reasons why trademark registration is beneficial and important in India.

  • It makes it easier for your customer base to find you
  • It also helps to differentiate goods from competitors.
  • It indicates the quality of the product. It makes your product or service unique.
  • Helps to build trust, earn goodwill, and establish a brand.
  • The brand can serve as an important factor to grab the attention of the customer.
  • Trademark registration can increase sales volume.
  • An unregistered trademark may affect your brand reputation.
 

Disclaimer:

The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws.


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