Trademark Registration Process
Registration of Trademark can be procured for words, logo, numerals, slogan, device and more in India. Trademark registration gives legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is a long process and it involves multiple steps.
Before starting 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 similar trademark that has already been filed with the trademark registry. A trademark search can be conducted by using the Trademark Registrar Website.
Once a trademark search is completed, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. Trademark application can be applied at one of the five Trademark Registrar Office having jurisdiction over the State or online.
A trademark registration application contains the following information:
- Logo or the Trademark
- Name and address of the trademark owner
- Classification or Trademark Class
- Trademark used since the date
- Description of the goods or services
Trademark 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 be tracked online through the Online Trademark Search facility. , after obtaining trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.
The Vienna Classification or Vienna Codification, established by the Vienna Agreement (1973), is an international classification of the metaphorical elements of marks. Once the trademark registration application is filed, the Trademark Registrar will apply the Vienna Classification to the trademark based on the metaphorical elements of marks. When the work in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.
Once Vienna Codification is accomplished, the trademark registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to receive the trademark registration application and allow for trademark journal publication or object the trademark registration application.
If the trademark registration application is opposed 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 contented with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the Trademark Officer is not pleased with the justifications, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
Trademark Journal Publication
When the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is declared in the Trademark Journal. The trademark journal is announced weekly and it contains all the trademarks that have been obtained by the Trademark Registrar. When the trademark is published in the trademark journal, then public have a chance to object the trademark registration, if they believe that it will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will be registered within 12 weeks.
If the trademark registration application is opposed by a third-party, hearing will be called by the Trademark Hearing Officer. The opposing party and trademark applicant have a chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the documentation presented, the Trademark Hearing Officer will govern if the trademark registration application should be accepted or rejected. Intellectual Property Appellate Board challenged the decision of the Trademark Hearing Officer
When the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application then no objections or oppositions for the trademark registration application. Once the trademark registration certificate is granted, then it is considered as registered trademark of the owner, granting the trademark owner exclusive use of the mark. The symbol can be placed next to the trademark.