Trademark Registration
Trademark registration in India helps in product differentiation within the legal and commercial systems and with consumers. Words and design elements that determine the origin, owner, or developer of a product or service are protected by a registered trademark. These can be organization logos, trademarks, or item markings. A service mark, in contrast to trademark registration in India, identifies and differentiates the source of the service rather than the product.
However, to avoid violating applicable laws or creating duplicates, verifying the trademark availability before applying for a trademark online is essential. The trademark must be distinctive and have an appropriate trademark classification, so if you want to know more about how to apply for a trademark online and find out a trademark availability, read the entire blog.
What is Legally Eligible for a Trademark Registration India?
Name: The registered name of a person can be their first or last name, like the founder's last name, like Ambani.
Word: A word, like HUL, can convey the product's quality or personality.
Numbers: Numbers are any combination of digits, alphanumeric characters, letters, or numbers.
Images: Any image or symbol a business uses to represent itself, such as Adidas' triangle shape resembling a sloping mountain.
Who Can Apply For Trademark Online?
- People who are starting a business should make sure it has a unique identity.
- Private companies that have been successful in the past
- Companies, such as public companies and partnerships, etc.
- Other NGOs and non-profit organizations
Steps to Take to Check for a Trademark Availability
- Sign in to the India trademark registration website
- Select public search after clicking the trademarks tab.
- Wordmark, Vienna code, and Phonetic are the three search criteria that are accessible.
The following changes occur in the keyword fields when any one of the criteria is selected:
4. After entering all the information, you must click the search button.
5. The list of trademarks that have been registered, abandoned, or objected to will be shown in the result panel. You can use this list to select and check trademark availability.
Important Tools to Know About Trademark Availability
The following tools are accessible at the official website for trademark registration(IPindia)
Class Detail:
Based on the product type, this is a search facility provided to determine which class a particular product belongs to.
Marks Prohibited:
It provides a list of all the incompatible trademarks. Use of any of these would result in the rejection of a trademark application. Examples: Nelson Mandela, RBI, ISO, etc. This is the most appropriate tool to check trademark availability as it safeguards your application from getting rejected by IPIndia.
Notable marks:
It is a list of all well-known marks, as determined by several authorities.
Vienna code classification:
It details the international classification of the symbolic elements of marks that must be checked against the Vienna code search criteria in order to validate a trademark.
Before a trademark registration in India, it is essential to search. The registration process will go off without a hitch if each box is checked in advance.
Now that you know how to check trademark availability, you can begin with the trademark registration process.
Documents Required For Trademark Registration India
- Name of the applicant
- Business Type
- Business goals
- Brand/logo/slogan name
- Registration address
- Signed Form-48
- Address proof
- ID proof of the signatory
- Business proof (Depending on Business Type)
- Udyog Aadhar/MSME registration certificate (optional)
Steps To Register A Trademark
The process of registering a trademark is simple; however, it is recommended to hire or obtain assistance for the registration procedure from an expert trademark lawyer to make it.
The following is a step-by-step guide to the process of registering a trademark:
Step 1: To determine whether a trademark is available:
When selecting his or her trademark, the applicant must exercise caution. Since there are so many different kinds of trademarks to choose from, it is essential to conduct a public search with the Marks Registry on the trademark database once you choose a trademark to ensure that it is unique and that there is no other trademark that is similar to or identical to it.
The trademark search reveals all kinds of registered and unregistered trademarks currently on the market. The search also reveals whether there is a competing trademark for the applied trademark.
Step 2: To submit the trademark application:
Depending entirely on the company's products and services, you can apply for trademark online in single or multiple classes.
Form TM-A is the registration application form. Depending on the trademark's jurisdiction, you can submit it online through the official Intellectual Property India website or at the Trade Marks Office in person.
Multiple documents that provide complete information about the trademark for which registration is sought must be included in the trademark registration application. In addition, an applicant must file a user affidavit supporting the use and evidence of its prior use if the applicant claims prior usage of the trademark.
Step 3: Examination of application by the government authority:
Following a thorough examination of the trademark application as per the Trade Marks Act of 2016, the Examiner issues a mandatory examination report following the trademark application filing.
The assessment report by the authority might reveal a few objections, either outright, relative or procedural. Within thirty days of submitting the registration application, the Trademark Authority issues this examination report.
Within 30 days of receiving the examination report, a reply outlining the arguments and evidence supporting any objections to waiving them is required.
Step 4: After the examination:
After filing the answer to the examination report, the Inspector (Trademark Authority) may delegate a conference on the off chance that the Examiner isn't completely satisfied with the documented answer or if the complaints still need to be met. If any objections remain after the hearing, the Examiner may either accept the trademark and proceed with the application for publication in the journal or alternatively reject it.
Step 5: Publicity of the trademark:
After the registration application is accepted, the trademark is broadcasted and published in the Trade Marks Journal for four months. The publication and advertisement seek to motivate the general public to file an opponent to the mark's registration.
Step 6: Opposition from the public:
Any person who has been wronged can file a notice of opposition against the authorised trademark that was advertised and published in the journal. Within four months of the trademark's publication in the Trademark Journal, this notice opposing the trademark must be filed using Form TM-O. If the trademark application is declined, the trademark must be registered according to the legal process, which includes submitting a counter-statement application, providing evidence, and holding a hearing.
Step 7: Registration of the trademark:
Registration of a trademark is the final step in the process. After the application overcomes the objection or opposition to trademark registration in India, it moves on to registration.
In addition, the trademark receives an auto-generated registration certificate within a week if nobody raises objections against its registration during the four-month advertisement and publication period. The registration is valid for ten years after completion, after which you must renew it within a specified time frame.
Conclusion
Trademarks promote free competition by preserving a company's reputation and giving it a distinct identity. We've discussed the various steps to registering a trademark and the various things that can be used as trademarks and thus registered. One should register their trademark as soon as possible and be aware of how important and beneficial trademark registration can be.
