Process to Register a Trademark

Process to Register a Trademark

Trademark is a symbol, work, logo or any other sign to represent a Brand of a particular product or service of a business enterprise. Trademark can be registered for words, logo, slogan, device and numerals in India. Although, trademark registration is a lengthy process which involves multiple steps till final approval by the Registry, but once a Trademark is registered it provides a legal right to exclusivity use registered mark, logo, word etc. to the owner or Proprietor. Below are the steps to register a trademark in India.

Public Search for Availability of Trademark.

The first step to register a trademark is searching for availability of the trademark in trademark database. This search is necessary to ascertain whether the proposed trademark is identical or similar to the already registered trademark or a trademark for which application is already filed. The trademark search is done through the portal of ipindiaonline.gov.in. On conducting the search for Availability of Trademark a complete search report is generated which can be evaluated before filing an application for trademark registration.

Filing Application for Trademark

After making search for availability of proposed trademark, the next step is to file application for Trademark Registration. The application for trademark registration shall be filed in the specified form and in specified manner. The application for trademark registration can be filed by trademark agent or lawyer and TaxMuneem.com. The following documents or details are required for filing trademark application:-

• Logo or the Brand Name or Trademark
• Name and address of the owner of Trademark
• Classification or Trademark Class out of 45 classes.
• Since Date of usage of Trademark.
• Description of the goods or services in business for Trademark.
• Affidavit for usage of Trademark
• Power of attorney

TM Symbol

After filing of trademark application a temporary application number is allotted and after making payment of government fee, final application number is allotted to the owner. Once an application number is allotted it can be used to track the status of trademark application. The owner of the proposed trademark after the filing the application can use the TM symbol on its trademark.

Trademark Examination and Publication

The trademark application is sent for Vienna codification. The Vienna Codification was established by the Vienna Agreement (1973), which is an international classification of the figurative elements of marks. After filing the trademark application its status reflects as “Sent for Vienna Codification”. After Vienna codification the trademark application is reviewed by Trademark Registrar Office. The trademark officer review the application either for acceptance and allow for trademark journal publication or object the trademark application and issue the examination report. Once examination report is issued by the Trademark officer, the applicant shall file its reply. If the trademark officer is not satisfied with the reply he may allow show cause hearing or reject the application. If the application is rejected the applicant has the right to appeal before Intellectual Property Appellate Board.

If the application is accepted and published in the publication then public have an opportunity to file any objections against the trademark application. If no objections are filed within 90 days of that publication, the mark will normally get registered within 12 weeks time. However, if the trademark registration application is opposed or objected by any third-party, trademark hearing officer will call hearing. In the hearing, 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. Trademark Hearing Officer after hearing both parties and the evidence presented, will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by appealing to the Intellectual Property Appellate Board.

Trademark Registration

If all the objections raised against trademark registration application are removed trademark officer will issue a trademark registration certificate. Immediately on issue of trademark registration certificate the owner of the trademark can use ® symbol in the logo or trademark.