Trademark is an intellectual property which is registered under Trademark Act. This gives us ownership of intellectual property and rights to use trademarks or registered use. If there is any trademark infringement, legal protection is taken against that with proper actions. The things which can be trademark registered are words, slogans, numerals and business names. This kind of registration takes more than two months.
Following steps mandatory for trademark registration:
Step 1- Trademark Search should be conducted
We have to make sure that there is a unique logo name. We have to see whether that logo name is available or not and where the trademark search will be executed by renowned experts. Even if someone has a unique brand name in mind, that will not be a good reason to avoid a TM search. The ™ search lets the applicants and companies know about the available trademarks. This further gives a fair picture of our trademark and where it stands. Sometimes, a forewarning of the possibility of trademark litigation is given and provided. Now hereby, a question arises how money is wasted in time-consuming trademark litigation and when can we choose to avoid it in the first place?
Step 2- Trademark Application Form must be properly downloaded and filled
A trademark application form has to be filled online and submit the documents along with it. If our desired brand name or logo is not registered or listed in the Trademark Registry India, then the applicants have to opt for the same trademark to get registered first. Everything is done online nowadays. So once, a trademark gets filed at the Trademark Registry India, then after that an official receipt gets issued. This is done for future references.
Step 3- Select Appropriate Class and Examination of the trademark for further process
The products should be researched well and looked into. Then depending upon the nature of the kind of products, an appropriate class of 45 classes should be suggested for the products and trademark. Once the trademark application gets filed, it does not mean everything is complete. This is further examined by an examiner to check whether there are any discrepancies or not. This examination process takes a lot of time. It takes 12-18 months. It can also happen that the trademark can accept the complete trademark very fast in an absolute manner or else conditionally or in object manner. Suppose, if the examiner accepts the trademark unconditionally, it is then published in the Trademark Journal. If it is not done, then few conditions have to be fulfilled as mentioned by the examiner. It can also be the case where the examiner can mention the objections in the examination report.
If the response gets accepted, it is well and good and it gets published in the journal. If not, a hearing is requested regarding the same.
Step 4- Publication of Trademark in the journal once approved
This fourth step is incorporated in the trademark registration process. If someone puts an objection in the registering of a trademark, they have the opportunity to oppose it with verified and proper reasons. If there is no objection within 3-4 months of publication of the trademark, then only the trademark gets proceeded further for the registration process. A fair hearing takes place in case of opposition and a fair decision is given by the Registrar as well.
Step 5- Registration Certificate gets issued
When after 3-4 months, the trademark application goes further for the registration process as well as with publication in the journal, a registration certificate gets issued under the seal of the Trademark Office.
Step 6- Trademark Application Filed
Once the trademark application gets filled, the trademark and logo gets created within 3 days and the ™ number is received after that.
Step 7- Renewal process
After every 10 years, the trademark has to be renewed. The logo and the brand name is protected perpetually.
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