Trademark registration is an intellectual property right that, in addition to providing you with benefits, ensures unlimited benefits for future generations. A trademark is any symbol, word, phrase, or design that is used to distinguish one person’s goods and services from those of another. Some well-known trademarks include Flipkart, Amazon, Nike, and others.
You can register your trademark with the trademark department to gain exclusive usage rights over your trademark and prevent others from exploiting it. The process of registering a trademark allows the owner to protect it and enjoy exclusive rights to it.
Also Read – Trademark Renewal Period
Finally, let us look at the trademark registration process. Now that we’ve defined the meaning of a trademark, let’s look at the meaning of trademark registration and the benefits that come with it. Simply follow the simple trademark registration procedure and get your trademark registered with legalraasta, which will make the trademark registration process much easier and simpler.
What is Trademark?
Trademarks evolved with the primary goal of recognizing a mark owner’s proprietary right to use the mark in his trade. A trademark can be anything, such as a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or color combination, or any combination thereof.
When you file a Trademark Registration process for registration, it must pass through several stages before being registered. One of these stages is scrutinizing your trademark application, where your application is reviewed by a Registrar/Examiner. If the Examiner determines that your Trademark is not distinctive or similar to an existing trademark, he will seek clarification or raise questions with the applicant. So, with the help of the trademark registration process, you can avoid trademark infringement.
During the trademark registration process, keep in mind the following principle:
- Descriptive words, surnames, and geographical names, such as the word Mehra, cannot be registered as a trademark.
- While registering a trademark, the trademark authority takes care to ensure that the trademark does not mislead the general public about the source of the product, and if a trader believes that registration of a particular mark will result in passing off, such a mark can be denied.
- The trademark registration process is not like making a train reservation in that once you register your trademark, you must use it or your trademark will be removed from the register due to non-use.
- A trademark is always registered under a specific class and defines 45 classes in which a business’s services and goods fall. The International (Nice) Classification of Goods and Services has classified various goods and services into 45 Trademark Classes, which include 1 to 34 cover goods and 35 to 45 services.
- It is possible that you would like to register your trademark in more than one class. In this case, you can file a separate application or a multi-class application mentioning the classes in which you are also seeking trademark registration Process.
- Aside from the logo, image, and tagline, you can also register colors, shape, sound, scent, and other characteristics as your trademark.
- Your trademark can be registered not only in India, but also in other countries. Trademark registration in other countries can be done as a separate application or through the Madrid Protocol, and trademarks can be registered in 91 countries that are signatories to the Madrid Protocol.
Trademark registration process
Step 1: Conduct a Trademark Search: In order to attract people’s attention, you must come up with something unique and catchy. It is prudent to conduct a trademark search prior to applying for the name. Proper research will ensure that your trademark is unique, and there will be fewer chances of the trademark department objecting. Another option is to combine the unique name with the generic name.
Step 2: Submit TM Application: Now that your brand is ready, file a trademark application with the appropriate form and fees. The application must include the details of the logo or trademark, the applicant’s name and address, the classification or trademark class, the date of use of the trademark, and a description of the goods and services.
Step 3: Allotment number: When an application is submitted to the department, an allotment number is assigned. The applicant can use that number to track the status of his application in real time. After obtaining the allotment number through the trademark registration process, the owner of the trademark is authorized to use the TM symbol.
Step 4: Vienna Codification: The Vienna Agreement established an international system for classifying figurative elements of marks. The trademark registrar will examine the filed application using the Vienna Classification, which is based on the figurative elements of marks. The status of the application will be “sent for Vienna Codification” at this point.
Step 5: Pending examination: Following the completion of the Vienna codification, the trademark application will be processed to a trademark officer. The Trademark officer will examine the application to ensure that it is correct and will issue an examination report. The trademark has the authority to accept the application and forward it for publication in a journal, or to reject it with appropriate reasons during the trademark registration process.
Also Read – Trademark Search Classes
Step 6: Objection: If the trademark application is objected to by the trademark officer, the applicant must file a reply to address the objection. If the examiner is satisfied with the response filed, he may grant trademark approval. On the contrary, the applicant has the right to appeal the Trademark Officer’s decision to the Intellectual Property Appellate Board.
Step 7: Trademark Journal Publication: Once the trademark registrar accepts the filed application, the proposed trademark will be processed for publication in the trademark journal. Every month, a trademark journal is published that contains information about the trademarks that have been applied for.
Any third party who believes that the proposed trademark registration will infringe on his rights has the right to object to it as soon as it is published in the journal. The trademark will be open for objections for a total of three months, after which a one-month extension can be requested.
Step 8: Trademark Hearing: The trademark hearing officer will schedule a hearing if any objections are raised to the applied trademark. The officer and the opposing party have the right to provide their jurisdictions for trademark acceptance or rejection during the hearing. Furthermore, the Trademark Hearing Officer’s decision can be appealed to the Intellectual Property Appellate Board.
Step 9: Trademark Registration: Once all objections and oppositions to the applied trademark have been resolved, the department will prepare the trademark manuscript and trademark registration certificate and send them to the trademark applicant. After completing the trademark registration process, the applicant can place a ® symbol next to the logo or trademark as soon as the trademark registration certificate is received.
So, in the preceding article, we discussed how one should select a different process to register a company’s trademark. This is a brief summary of trademark filing guidelines that you should review before beginning the trademark registration process. Make an application for trademark registration if you want to protect your trademark.
Do not hesitate to contact the Legalraasta experts to have your trademark registered as soon as possible! Please leave a comment below or contact me via email if you have anything to add to or comment on this article.