Trademark Registration Process in India By CS Yashree Dixit
Dear Professional Colleagues,
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 the others. Registering a trademark is a legal process that is provided under the Trade Marks Act,1999.
Any wordmark, device marks, 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 of our logo.
Now-a-days, Registration of trademark for your business is very easy.
The first step to register is that to take trademark search of the trademark database whether such trademark is available or not. A trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry. A trademark search can be conducted by Trademark Registrar Website i.e https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
1. Registration of a trademark can be done by two ways offline or online. Offline registration of the trademark can be done at one of the offices of the trademark register based on the jurisdiction. While online registration is called E-filing of a trademark. E-filing of a trademark application is a new service provided by the trademark office.
2. E-filing is beneficial and more useful than offline registration as it provides trademark application number immediately. It also provides online verification to assure error-free filing and obtain your filing date. It also speeds up the process. All the details can be saved on your PC and can see online history or track status of the applications filed by clicking “Status of filed application”.
3. The trademark registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.
4. If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the Trademark Officer and address the objections. If the Trademark Officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the Trademark Officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
5. Once the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks – months time.
6. If the trademark registration application is opposed by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by escalating to the Intellectual Property Appellate Board.
7. Once there are no objections or oppositions for the trademark registration application, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or trademark.
Duration of TrademarkTrademark can be registered for the duration of 10 years. It can be renewed for a further period of 10 years on payment of the renewal fees. The trademark can be renewed by filling the form TM-R with transaction costs.
- A soft copy of the logo in JPEG format is required for the registration.
- Name and address of the proprietor of the mark or Name of all the partners if its a partnership firm. or also attached p’ship firm deed.
- In case of a company, if you submit MSME certificate the fees will be reduced.you have to pay only Rs.5000/ instead of Rs.10,000/-
- In case of sole-proprietary firm fees will be Rs.5000/- or in case of Company Rs.10,000/-
Types of Trademark available
- Names According to Section 9 or 11 of Trade Marks Act it should not be similar to with an earlier trademark.
- The Combination of Colours or even a single color in combination with a word or device according to Section 10.
- Letters, numerals or combination of both.
- Sounds Mark
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