A Trademark is a visual symbol in the form of a word, device or a label with a view to indicate the consumers the distinctiveness of goods produced from one manufacturer to that of others.
The registration offers evidence of ownership of trademark, following is the procedure for Registration of Trademark-
TRADEMARK SEARCH
This search is required to check the business name or logo that you want to register and whether it is similar to other already registered trademarks. The search should be done keeping the trademark class in mind for goods and services you want to get registered.
TRADEMARK FORM FILING
The form will require details such as name and address of the proprietor, email id, phone no, category of mark , description of the goods or services associated with the mark, whether the mark is in use or proposed to be used etc.
TRADEAMARK APPLICATION
Based on the results of the search conducted, Trademark application is drafted with suitable Trademark class. This application is then submitted to the Trademark Registry along with relevant documents.
APPLICATION NUMBER
Once the Trademark Application is submitted, the Trademark Application Number is generated immediately along with the Proprietor code.
VIENNA CODE CLASSIFICATION
The Vienna Code Classification is an international classification of figurative elements of marks. In this stage, Registrar will apply the Vienna classification to the trademark based on the figurative elements of the mark.
TRADEMARK EXAMINATION
On receipt of the application, the Trademark Officer would then review the trademark application for correctness and issue a trademark examination report.The Officer has the right to either accept the application and send it over to the next stage or refuse. If refused, the government raises the objection for which it is required to reply within the period of 30 days. If the application is objected to by the officer, the applicant may appear before him and present his plea. If the officer is satisfied by the representation, he will approve the application and send over to the next stage. If he is not satisfied, he will not pass the application. The applicant further has a right to appeal against this objection with the Intellectual Property Appellate Board.
ADVERTISEMENT OF APPLICATION
Once the Trademark application is accepted it is published in the TRADE MARK JOURNAL. The purpose of advertisement is to check for the objections from the interested people whose interest may be at conflict. The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will be issued.
If the mark is objected, a hearing is held by the Trademark Hearing Officer. In this hearing both the parties are given a fair chance to present their cases. Upon hearing both parties and based on evidences, the officer will give the judgement. Appeal can be made against this decision with the Intellectual Property Appellate Board.
NOTE:
- Trademark Registration process is lengthy and it takes around 6-12 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is issued immediately after filing.
- A registered trademark is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.
