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August 06, 2016 Registrationwala

Trademark Registration Process in India

Trademark

Trademark Registration Process in India

Trademark registration is an intellectual property right that along with giving you benefits ensures unlimited benefits for your generations to come. Just follow the simple procedure of trademark registration and get your trademark registered.

Any symbol, word, phrase, design that is used to distinguish the goods and services of one person from another are called trademark. Some of the prominent trademark includes ZARA, Apple, Paytm, Lux, Phillip’s etc.

Now that we have understood the meaning of trademark let us understand the meaning of trademark registration and the benefits associated with it. In order to gain the exclusive usage rights over your trademark and preventing others from exploiting it you can register your trademark with the trademark department.  Obtaining trademark registration helps the owner to protect it and enjoy exclusive rights over it.

Now let us finally take a look at the procedure of registering a trademark.

Step 1: Trademark Search

Looking out for an out of the box name is the best option you have. You really need to come up with something unique and catchy to grab the attention of people. Prior to applying for the name it will be prudent to conduct a trademark search. A proper research will endure that your trademark is unique and there are less chances of the objection by the trademark department. One other option that you have is to use the unique name with the generic name.

Step 2: Filing TM Application

Now that you are ready with your brand go ahead by filing the trademark application with TM form and prescribed fees. The application filed shall contain the details of logo or the trademark, name and address of the applicant, classification or trademark class, date of use of trademark and description of goods and services.

Once the application is filed with the department an allotment number gets generated. The applicant can continuously track the status of his application through that number. The owner of the trademark is empowered to affix the TM symbol after obtaining the allotment number.

Step 3: Vienna Codification

It is an international system established by Vienna Agreement (1973), for classification of the figurative elements of marks. For scrutinizing the application filed the trademark registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks. In this step the status of the application will reflect as “sent for Vienna Codification”.

Step 4: Trademark Examination

After the completion of Vienna codification the trademark application filed will be processed to a trademark officer. The Trademark officer will examine the application fled to check the correctness of the application filed and issue the examination report. In this step the status of the application will reflect the status as “pending for examination”. The trademark is empowered to either accept the application and forward it for publication in journal or reject it by giving appropriate reasons.

In case the trademark application is objected by the trademark officer then the applicant is required to file reply for addressing the objection. If the examiner is satisfied by reply filed he may grant the approval for trademark. On the contrary the applicant is empowered to appeal against the decision of the Trademark Officer before the Intellectual Property Appellate Board.

Step 5: Trademark Journal Publication

When the trademark registrar accepts the application filed the proposed trademark will further be processed to be published in trademark journal. Trademark journal contains the details of the trademark applied and it is released every month. As soon as the publication of trademark in the journal is done any third party who believes the registration of the proposed trademark will infringe his right holds the rights to raise the objection to it. The trademark will be open for objection for a total period of 3 months and after that, the 1-month extension can be sought.

If any objections are raised on the applied trademark an hearing will be scheduled by the trademark hearing officer. In the hearing the officer and the opposing party hold the rights to provide their jurisdictions for the acceptance or rejection of trademark. Further the decision of Trademark Hearing Officer can also be challenged by escalating to the Intellectual Property Appellate Board.

Step 6: Trademark Registration

Once all the objections and oppositions are cleared on applied trademark the trademark manuscript and trademark registration certificate will be prepared by the department and sent to the trademark applicant. As soon as the trademark registration certificate is received the applicant can put a ® symbol next to the logo or trademark.

If you desire to protect you trademark make an application for trademark registration. Do not hesitate to get in touch with the experts of Registrationwala to get your trademark registered now in the most promising manner!

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