A trademark is a recognizable sign, phrase, or symbol that denotes a product or service and legally differentiates it from all others of its kind. Trademark is governed by Trademark Act, 1999 and the rules framed thereunder. Now the process of registration of trademark and all the related work will be done both electronically and physically. Application for trademark of application is filed either by the proprietor itself or through attorney.
Process of registration of trademark:
1. Selection of trademark and selection of class as per activity
Selection of a name or symbol is very important as it will describe activity and it should be attractive and unique at the same time.
2. Search for the name of trademark availability on website https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx that selected trademark is available or not.
3. Filing of Trademark Application
The application must be submitted to the Trademark Registry in the required format along with the necessary documents and appropriate fees.
4. Examination of Trademark application
Once the application is received, the Trademark Registry will examine it to determine whether it meets the legal requirements. At this stage of registration of trademark, there will arise either of the following two case scenario:
a) No objection is received from the Registry
b) Objection is raised by the Trademark Registry
An examination report shall be sent to the applicant and in respond to which reply is required to be filed by the applicant giving justification in respect of objection. If trademark registry is not satisfied with the reply then hearing will take place.
5. Advertisement of application
Where no objection was received from the Trademark Registry; and where objection was received and the Trademark Registry is satisfied with the reply, the application shall be accepted and advertised in the journal for 4 months, giving the public an opportunity to oppose the registration.
6. Opposition against application
On publication of trademark in trademark journal, any person who wants to oppose the proposed trademark will make opposition application.
7. Registration Certificate
If any opposition is not received then a certificate of trademark registration is issued.
The trademark registration process can take anywhere from a few months to more than a year. To navigate past several pitfalls, you are well advised to seek the help of a trademark registration online expert.