Trademark is a design to protect the intellectual property. Trademark is like a standard signature which shows the first impression in the market. Trademark registration is a good option for all the company to register its trademark. Trademark can be a logo, symbol, or word which let you stand differently in the market. Trademark act is a legal act under which all the rules and regulations are followed.
Process involved in Trademark application
Once the trademark search is over application filing can be done. The application should fill in the prescribed manner with the processing fee. The application can be filed in Registrar office having jurisdiction over State or Online. Following things must be there in the trademark application.
- Trademark Logo
- Name and address of the trademark owner.
- Classification or Trademark Class
- Trademark used since date
- Description of goods and services.
Trademark Allotment Number
Once the application is filed in the trademark office than the allotment no. is provided within one or two days. It can also be tracked online with the online facility. Obtaining a trademark allotment number can affix the TM symbol next to the logo.
Once the application is filed then the process follows Vienna agreement which was passed in Vienna agreement 1973.It was classification based on figurative elements of the mark.
Once the Vienna codification is fulfilled then trademark will be allotted to the trademark office in Registrar office. Officer will review its correctness and issue trademark examination report. Trademark officer has the ability to accept the Trademark application.
Trademark Application in journal
After the examination from the officer, the trademark will be published in the journal. It is published weekly taking all the trademark accepted by the registrar. Once the trademark has been published the public will and have the opportunity to object trademark. If no objection in 90 days then it will be considered registered within 12 weeks. In the case of any problem that any damage will then it will not be accepted.
Types of application
Ordinary Trademark Application- These application is generated for a single class of goods and services. This application is formed with FormTM-1 with the processing fee.
Multiple Trademark Application-These applications are generated for multiple classes of goods and services. This application is formed with FormTM-51 with the processing fee. In this filing of a single application is done for different classes of goods and services.
Convention/Priority trademark Application-In convention application claim of priority is claimed from convention country. Its special provision is embodied in relation with the citizens of convention countries. In statutory provision, it is stated that where a person has an application for trademark registration in a convention country thereafter make registration of application of trademark within 6months from the date made in a convention country.
Paris Convention for protection industrial property
This convention was signed in Paris, France. It offers the national treatment to the applicant residing in the member country of the union convention. This is important to achieve the fundamental concept of Paris and for equal treatment.