Well, it often comes to your mind how to trademark a name? A name can be made a trademark by filing an application with the Trademarks Registry, advertising the trademark and disputing opposition, if any.  Finally, if the Registrar gives the all okay, your trademark will be registered.

But before you file an application there are various restrictions, also known as grounds for refusal of an application. It is both absolute and relative, to be adhered to before an application should be filed.

Steps Of Trademark A Name 

  1. A mark includes a device, brand, heading, label, signature, word, letter, numeral, shape of goods, ticket, name, packaging or combination of colors or any combination thereof. Thus a name could be just a simple name or an abbreviation or a mixture of the above.
  1. Initial checks before filing an application for Trademark registration:
  • The focus should be on eliminating grounds for absolute refusal.
  • It must be stated if there is any limitation as to color or else it will be deemed to be registered for all colors. This is important because the limitations on color will be taken into account while considering the distinctive character of a trademark.
  • Relative grounds for refusal would have to be overcome. This implies that the name should not be identical or similar to another trademark or be well-known to cause confusion in the minds of the public or violate/contravene the provisions of any law in force including copyright law.
  • It should not be a commonly used and accepted name of any single chemical element or of any single chemical compound, found in nature, or international non-proprietary name declared by the World Health Organisation.
  • It should not falsely suggest a connection with any living person or a person deceased in the past 20 years from the date of application of registration. To suggest a connection would require the consent of the living person or the legal representatives of the deceased.
  • The whole name will be treated as a trademark but a part of the name will require separate registrations and be subject to the same tests as for the whole name. Identical or similar names can be registered as a series in one registration. Names owned by the same proprietor can also be registered as associated trademarks and those registered as part of the whole registered separately or a series in one registration will be deemed to be registered as associated trademarks.
  1. Goods and services have been categorized into different classes and the same trademark used for multiple classes will require the registration application to state all the classes for which registration is sought. Thus to avoid the rejection or opposition of your application, a simple search report can be made by comparing the proposed name with existing ones. The Indian Trade Mark Registry has, on its website access to Intellectual Property databases of not only India but across the world which help make certain that your name is different from others.
  1. Finally the practical process of actually registering your name starts. There are various forms to be filed for different classes of goods and services depending on whether they are part of a series or part of a whole or associated mark or filed in convention countries (countries which are the signatory to Treaties and Conventions or are notified by the Central Government in pursuance of an agreement). But the most common application filed is formed TM-1 for registering a trademark in one class of goods or services. An application may be sent to a Trade Marks Registry Office for Trademark registration which is located in Delhi, Mumbai, Kolkata, Chennai, Ahmedabad or filed online at the Registry’s website.
  1. After an application is received by the Trade Marks Registry, unless a trademark is proposed to be used, a statement of user will need to be filed containing a statement of the period during which, and the person by whom it has been used in respect of the goods or services stated in the application, and if required, to file an affidavit testifying to such user with exhibits showing the mark as used.
  2. The application must contain a representation of the mark in the space (8 cm x 8 cm) but not exceeding 33 centimeters by 20 centimeters with a margin of 4 centimeters on the left-hand side.
  3. Additional representations of the mark may need to be provided with the specification and class of goods or services for which registration is sought, the name and address of the applicant, along with the name and address of his agent, if any, the period of use, if any, and such other particulars as may from time to time be required by the Registrar and must be signed by the applicant or his agent.
  4. Every Trademark application for the registration of the trademark in respect of any goods or services shall on receipt, be acknowledged by the Registrar.
  5. Upon receipt of the application for registration of trademark, the Registrar shall cause a search to be made amongst the registered trademarks and amongst the pending applications for the purpose of determining whether there are on record in respect of the same goods or services or similar goods or services any mark(s) identical with or deceptively similar to the mark sought to be registered
  6. An examination of your application will be done and you will have to remove objections to absolute refusal if any. Failure to do so will be deemed to be the abandonment of an application.
  1. Then the application will be accepted and your mark advertising which can be opposed by others. The opposition if any will have to be disputed following which the trademark will be registered.

Related Article: How to register international Trademark