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Shanker Rungta

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The Process of Securing a Trademark in India


Trademark registration can be acquired for words, logo, numerals, slogan, gadget and more in India. Trademark registration provides a legal right of exclusivity for the use of the mark to the proprietor of the trademark.

Trademark registration is, however, a long process in India comprising these steps.

Comprehensive Trademark Search

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 give information about indistinguishable or similar trademark that has just been documented with the trademark registry. A trademark search can be conducted by visiting the Trademark Registrar Website. 

Trademark Filing Online

Once a trademark search is finished, the application for trademark registration can be documented with the Trademark Registrar. The application for registration of a trademark must be made in a prescribed way and recorded alongside the expense of trademark registration. A trademark application can be documented at one of the five Trademark Registrar Office having jurisdiction over the State or online.

Trademark applications can be recorded online by or a trademark specialist or attorney.

A trademark registration application must contain the accompanying information:

Logo or the Trademark

Name and address of the trademark proprietor

Classification or Trademark Class

Trademark used since the date

Description of the goods or services

Trademark Application Allotment

Once the Trademark registration application is recorded with the Trademark Registrar, a trademark application distribution number is given inside maybe a couple working days. The trademark application can also then be followed online through the Online Trademark Search office. Commonly, on getting trademark application apportioning number, the proprietor of the trademark can fasten the TM symbol alongside the logo.

Vienna Codification

The Vienna Classification or Vienna Codification, established by the Vienna Agreement (1973), is a universal classification of the figurative elements of marks. Once the trademark registration application is recorded, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as "Sent for Vienna Codification".

Trademark Examination

When Vienna Codification is finished, the trademark registration application will be apportioned to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then audit the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the capacity to acknowledge the trademark registration application and take into consideration trademark journal publication or protest the trademark registration application.

On the off chance that the trademark registration application is questioned by the Trademark Office, the trademark candidate has the privilege to show up before the Trademark Officer and address the objections. In the event that the Trademark Officer is satisfied with the justifications of the trademark candidate, the trademark would be taken into consideration trademark journal publication. In case the Trademark Officer is not satisfied with the justifications, the trademark candidate has the privilege to offer the decision of the Trademark Officer before the Intellectual Property Appellate Board.

Trademark Journal Publication

Once the trademark registration application is acknowledged by the Trademark Registrar, the proposed trademark is published in the Trademark Journal. The trademark journal is published weekly by week and contains every one of the trademarks that have been acknowledged by the Trademark Registrar. Once the TM is published in the trademark journal, the public has an opportunity to question the trademark registration, on the off chance that they trust they will be harmed by that registration. In the event that there are no objections recorded within 90 days of that publication, the mark will commonly be registered inside 12 weeks – months time.

On the off chance that the trademark registration application is opposed by an outsider, a hearing will be made by the Hearing Officer. Both the trademark candidate and the opposing party have the opportunity to show up at the hearing and give justifications to registration or dismissal of the trademark application. Based on the hearings and the proof presented, the Trademark Hearing Officer will decide whether the trademark registration application should be acknowledged or dismissed. The decision of the Trademark Hearing Officer can also be tested by escalating to the Intellectual Property Appellate Board.

Trademark Registration

Once there are no objections or oppositions to the trademark registration application, the trademark manuscript and trademark registration endorsement will be arranged and sent to the trademark application. Once the trademark registration authentication is issued, the trademark is considered to be a registered trademark of the proprietor, conceding the trademark proprietor exclusive use of the mark. The ® symbol would now be able to be set beside the logo or trademark.