Trademark Registration
You certainly don't want to engage your money and time on a brand while witnessing somebody using your brand name. Right? So, trademark registration is significant as it can be acquired for a logo, word, slogan, or device. It gives your brand a different identity and keeps you apart from the crowd. In addition, you avail the legal rights for usage of your Trademark.
Trademark Registration Process
If you don't do trademark registration on time, you will get wrapped up in extended proceedings. To prevent this, following the step-by-step trademark registration process is mandatory.
1. Do India Trademark Public Search
The first step in the trademark registration process is to carry out a public trademark search from the trademark database. This search will render you info regarding an identical Trademark filed with the trademark registry. Also, you can extensively search for the same word marks and phonetically alike names.
2. Filing of Trademark
Once you finish the trademark search, you can submit the application for trademark registration with the Trademark Registrar.
The trademark registration application should be carried out in the following manner and filed at one of the five trademark registrar offices with the required fee. This is a crucial step in the trademark registration process.
A trademark registration application must comprise the following:
- Name and address of the trademark owner
- Trademark or the logo
- Trademark Classification or Class
- Trademark utilized until now
- Portrayal of the goods or services
3. Allotment number of Trademark Application
As the Trademark registration application is filed, a trademark application allotment number is given within 1-2 working days.
After acquiring the trademark application allotment number, the trademark owner can put the TM symbol beside the logo.
4. Vienna Codification
The Vienna Codification, or Vienna classification under the Vienna Agreement (1973), is a global classification of the symbolic elements of marks.
On top of that, the Trademark Registrar will apply for the Vienna Classification for the Trademark.
During this work-in-progress, the trademark application status generally is "Sent for Vienna Codification."
5. Trademark assessment
After the completion of Vienna codification, the trademark registration will be handed over to a trademark officer in the trademark registrar's office.
The Trademark Officer will evaluate the trademark application for accuracy and issue a trademark assessment report.
Also, the trademark officer has the right to endorse the trademark registration application and permit trademark journal publication or reject the trademark registration application.
In case the Trademark Officer does not accept the trademark registration application, the trademark applicant should clear all the objections.
Once the Trademark Officer is content with the trademark applicant's justifications, the Trademark should undergo the process for trademark journal publication. Suppose the Trademark Officer is not pleased with the justifications. In that case, the trademark applicant has the right to ask the decision of the Trademark Officer in front of the Intellectual Property Appellate Board.
6. Trademark Journal Publication
While the trademark registration application is thriving by the Trademark registrar, the intended Trademark makes way for publication in the Trademark Journal.
The trademark journal is published weekly and enfolds every Trademark that the Trademark Registrar accepts.
Also, after trademark publication in the journal, the public has ample opportunity to oppose trademark registration if it is not in their favour.
In case there is no filing of objections after 90 days of that publication, the mark will get registered within twelve weeks or months.
If the trademark registration application faces opposition from a third party, there will be a hearing arranged by the Trademark Hearing Officer.
The opposing party and trademark applicant has the opportunity to be at the hearing and give justifications for the rejection or registration of the trademark application.
According to the evidence and hearings, the Trademark Hearing Officer will decide if the trademark registration application should be acknowledged or rejected.
7. Trademark Registration
In the absence of any opposition or objections to the trademark registration application, the trademark registration certificate and the manuscript will be delivered to the trademark applicant.
After the trademark registration certificate issuance, the Trademark is regarded as a registered trademark of the owner. The ® Symbol can now be put beside the Trademark or logo.
Benefits of Trademark Registration
1. Exceptional Rights
The registered trademark owner has exclusive control. In view of that, the owner can utilize a similar Trademark for other products under the class stated in the application.
Moreover, the proprietor has exclusive ownership of the Trademark and can limit others from using it in the class(es) registration.
Also, it proffers the owner the right to impeach against any unauthorized violation.
2. Builds conviction and faithfulness
Trademarks depict the status and superiority of services and goods. Holding trademark registration creates assurance and appreciation among customers in the market. Besides that, it gives an edge in building long-term clientele who will constantly choose your trademarked brand.
3. Discriminates Product
Trademark registration facilitates for customers to recognize your products. It makes your service or product unique from competitors and acts as an efficient promotional tool. This aspect is due to your logo or Trademark depicting your organization's quality and vision.
4. Grants identity to product's quality
A trademark registration gives accurate proof of your service and product. This factor is apt as the customers relate the quality label of a product or service with its Trademark. Additionally, the recognition helps draw novel customers who discriminate the quality of a service or product by its logo.
5. Asset generation
Trademark registration makes intellectual property for a company. A registered trademark is a legal benefit that might be allotted, sold, economically contracted, or franchised. Besides, a trademark is an elusive asset in a company's balance sheet that endows every advantage of such assets.
6. Legal right to utilize the ® Symbol
For a registered trademark, you can use the ® Symbol on your logo to signify that it is registered, and nobody can use the same Trademark. In case another person employs the Trademark without your consent, you can litigate for deliberate breach of your restricted custom rights in a court of law.
7. Safeguard against contravention
If somebody utilizes a trademark without the owner's sanction or does any deceptive usage, the owner can obtain a ban against the act and avert the individual from using the Trademark unlawfully. Nobody, entailing competitors, owns the right to utilize your trademarked logo.
8. Low-cost safety for ten Years
Trademark enrollment is cost-efficient and enables your company to sustain a different brand. Online trademark registration is simple and reasonable to maintain. Similarly, when registering a trademark, you just need to pay the renewal and protection fee, which is owed after ten years of trademark enrollment.
9. International Trademark Registration
If you want to grow your business globally and are thinking of registering a trademark in another country, you need not stress. As already registered, Trademark in India is an excellent foundation to garner global recognition.
10. Grab the attention of Human Resources
Prominent brands are well-known for bringing young talent to the table. Also, today's generation urges to work for a huge corporation as it has great benefits and steadiness. Besides, this facet reduces the expenditure on recruitment and other-based exercises.
Why Lawgical India?
- We execute in-depth research for your TM accessibility from the government.
- Preparation of an Authorization letter from us for your Trademark registration.
- We tender quick and top-notch services to ensure that our client is free from any responsibility of filing Trademarks.
- You will avail guidance on the classes you must apply to from us.
- We will give support to filling the form with the Registrar.
- You will acquire regular updates from us until the Trademark registration process is over.
- We ensure you guard your brand of products or services.
- So, contact us and let us provide you with our various legal services to grow your business.
