Title: Step By Step Trademark Registration in India
1Step By Step Trademark Registration in India
If youre starting a new business or trade, a
logo, name or signature is the first thing you
choose to separate yourself from the rest. A
trademark is that symbol you will use to do so.
Registering a trademark is a legal process
provided for under the Trade Marks Act, 1999.
Trademark registration is, however, a long
process involving multiple steps. In this
article, we cover the trademark registration
process in India.
2Step By Step Trademark Registration
- Trademark Search
- Trademark Filing
- Trademark Application Allotment
- Vienna Codification
- Trademark Examination
- Trademark Journal Publication
- Trademark Registration
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4Trademark Search
- Before beginning the trademark registration
process, the entrepreneur or a trademark
professional must conduct a trademark search of
the trademark database. A trademark search will
provide information about identical or similar
trademark that has already been filed with the
trademark registry.
5 Trademark Filing
- Once a trademark search is completed, the
application for trademark registration can be
filed with the Trademark Registrar. The
application for registration of a trademark must
be made in the prescribed manner and filed along
with the fee for trademark registration.
Trademark application can be filed at one of the
five Trademark Registrar Office having
jurisdiction over the State or online. Jitendra
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6- A trademark registration application must contain
the following information - Logo or the Trademark
- Name and address of the trademark owner
- Classification or Trademark Class
- Trademark used since date
- Description of the goods or services
7Trademark Application Allotment
- Once the Trademark registration application
is filed with the Trademark Registrar, a
trademark application allotment number is
provided within one or two working days. The
trademark application can also then be tracked
online through the Online Trademark Search
facility. Typically, on obtaining a trademark
application allotment number, the owner of the
trademark can affix the TM symbol next to the
logo.
8Vienna Codification
- The Vienna Classification or Vienna Codification,
established by the Vienna Agreement (1973), is an
international classification of the figurative
elements of marks. Once the trademark
registration application is filed, the Trademark
Registrar will apply the Vienna Classification to
the trademark based on the figurative elements of
marks. While this work is in progress, the
trademark application status usually reflects as
Sent for Vienna Codification.
9Trademark Examination
- Once Vienna Codification is completed, the
trademark registration application will be
allotted to a Trademark Officer in the Trademark
Registrar Office. The Trademark Officer would
then review the trademark application for
correctional and issue a trademark examination
report. The Trademark Officer has the ability to
accept the trademark registration application and
allow for trademark journal publication or object
the trademark registration application.
10- If the trademark registration application is
objected by the Trademark Officer, the trademark
applicant has the right to appear before the
Trademark Officer and address the objections. If
the Trademark Officer is satisfied with the
justifications of the trademark applicant, the
trademark would be allowed for trademark journal
publication. In case the Trademark Officer is not
satisfied with the justifications, the trademark
applicant has the right to appeal the decision of
the Trademark Officer before the Intellectual
Property Appellate Board.
11 Trademark Journal Publication
- Once the trademark registration application
is accepted by the Trademark Registrar, the
proposed trademark is published in the Trademark
Journal. The trademark journal is published
weekly and contains all the trademarks that have
been accepted by the Trademark Registrar. Once
the trademark is published in the trademark
journal, the public has an opportunity to object
the trademark registration, if they believe they
will be damaged by that registration. If there
are no objections filed within 90 days of that
publication, the mark will typically be
registered within 12 weeks months time.
12- If the trademark registration application is
opposed by a third-party, a hearing will be
called for by the Trademark Hearing Officer. 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. Based on
the hearings and the evidence presented, the
Trademark Hearing Officer will determine if the
trademark registration application should be
accepted or rejected. The decision of the
Trademark Hearing Officer can also be challenged
by escalating to the Intellectual Property
Appellate Board.
13 Trademark Registration
- Once there are no objections or oppositions
for the trademark registration application, the
trademark manuscript and the trademark
registration certificate will be prepared and
sent to the trademark application. Once the
trademark registration certificate is issued, the
trademark is considered to be a registered
trademark of the owner, granting the trademark
owner exclusive use of the mark. The symbol can
now be placed next to the logo or trademark.
14Jitendra Consultancy Group
- Jitendra Consulting Group is one of the best
company in Trademark Registration in India and
worldwide.The experts will take of Trademark
registration, licensing and also maintaining
patents and copyrights business.
15Article Sources
- http//www.indiafilings.com/learn/trademark-r
egistration-process/ - http//inc42.com/resources/legal/trademark-protec
tion/ - http//jitendragroup.blogspot.in/2015/10/process-f
or-trademark-registration-in.html
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