Process of Trademark Registration
Posted by Rahul Kumar on April 1st, 2021
Trademark Registration help you distinguish your products and services from competitors and help identify you as the source. Here we would like you to understand all the basic details that one needs to know before registering their trademark. It is a name or symbol that a company uses on its products, and another company cannot legally use that. Trademark should be understood as an identity face of any company and business. Trademarking any business gives the owner an upper hand in case of dispute regarding the company’s name/ ownership. For registering a trademark there are certain steps that need to be followed. The steps are fixed by the Trademark Registry of India. There are different steps that is included in this process. Those are as follows:
1. Trademark application
2. Approval by Registrar
3. Publication in Trademark Journal Newspaper
4. Trademark approval and Issuance
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Trademark Application: For applying for a trademark ,the first step includes the submission of a trademark application with proper documentation to the Registrar. The Trademark application can be filed online as well as offline. But selection of appropriate and valid trademark for registration is a very basic and important step before applying for trademark. There are certain tools that can provide help and ease the process of Trademark search for you. Utilizing such Trademark Search tool can help you identify the class under which you need to file trademark application because there are nearly 45 different classes of trademark under which application can be made.
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Approval By The Registrar: The very next step after submission of the trademark registration application form is the examination process by the registrar. If the Registrar finds any inconsistency in the documents or details of the applicant then he/she may raise an objection against your trademark application. A legal help from the experts are advised in case of Trademark Objection. In case if no inconsistency is found in your application then it is approved by the Registrar and move out to the next step.
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Publication in Newspaper: After the approval of trademark application by the registrar, the trademark is then published in the Trademark Journal Newspaper along with all the details of the trademark(including ownership of trademark, class under which registration is seek to do).If during the time period of 4 months from the date of publication in the newspaper no opposition is raised then the trademark will move down to its final step.But if Trademark Opposition is raised against the trademark, then one needs to clarify all the opposition to the Registrar with evidences. To know more about the grounds and procedure of replying to Trademark Opposition you can take help from the professionals as well.
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Trademark approval and Issuance: If there is not any opposition raised to the trademark within 4 months of its publication in the Trademark Journal, then the trademark is now sent to the Registrar for approval. The registrar approves the trademark and issued it to the applicant of the Trademark Registration Application form.
(Note: If The Registrar rejects or objects the trademark and the applicant is not satisfied with the decision, then they can file an application for Trademark Rectification. Trademark Rectification helps the process of registration and saves the time for a new application form and continue the process for your trademark from where it was left.)
The overall process of Trademark registration is very much complicated. Here the overall process of registration is discussed only but in reality all the steps contains a very complicated set of legal actions to complete. Like in case of trademark objection a proper set of legal action is required to reply for that. And also in case of Trademark Opposition a number of documentation along with personal visits and evidences are needed for clarifying opposition. All these could simply be possible with seeking help from the experts in this field.
