Trademark Registrations are important. It would not be considered to be an agreeable state of affairs if a person invests his time and money in building a particular brand. And then seeing that the same brand name is being used by another, and robbing him of his hard-earned brand reputation. Many a time, the trademark (TM) owners end up in a protracted litigation. Because when the time was right, they did not apply for trademark registration in India of their brand name. Trademark registrations process of the brand name is not a very difficult task. A few simple steps, which will be explained in this article will give the businessman the much-needed legal protection of his brand name registration in India.
Steps For Trademark Registrations
Step 1: Trademark Search
Many entrepreneurs generally do not comprehend the importance of a trademark search. Having a unique brand name in the mind is not good enough reason in order to avoid a trademark search. Therefore, trademark search helps the businessman to know if there are similar trademarks that are available. It also gives the businessman a fair picture of where his trademark stands. Sometimes, it also gives the businessman a forewarning of the possibility of a trademark litigation.
Step 2: Filing the Trademark Application in India
After the businessman is sure that his chosen brand name or the logo is not listed in the Trademark Registry India. He/she can opt for registering the same. The first step is thus to file a trademark application form at the Trademark Office, India. The Indian trademark offices are however located at Chennai, Delhi, Mumbai, Kolkata.
Step 3: TM Examination
After a trademark application is filed, it is thus examined by the examiner for any of the discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark either absolutely, conditionally or object.
If it is accepted unconditionally, the trademark gets published in the Trademark Journal. But If it is not accepted unconditionally, then the conditions that are to be fulfilled or the objections that would be mentioned in the examination report. The businessman would be given a month’s time in order to fulfill the conditions or the response to the objections.
Once such type of response is accepted, the trademark will be published in the Trademark Journal. If the response is not accepted, then one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, then it proceeds for the publication in the Trademark Journal.
Step 4: TM Publication
The step of publication is then incorporated in the trademark registration procedure so that anyone who objects to the registering of the trademark gets the opportunity to oppose the same. If, after 3-4 months from the publication there is no opposition, then the trademark proceeds for registration. In case there is an opposition; there is a fair hearing and the decisions are given by the Registrar.
Step 5: Registration Certificate
Once the application proceeds for the trademark registration, following the publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
Step 6: Trademark Renewal
The trademark can, however, be renewed perpetually after every 10 years. Hence, the logo or the brand name registration can be protected perpetually.
As we have seen from the above that, the trademark registrations process does not require much effort. It is a simple process but it is a process one which is nonetheless very important for the brand name registration.
Related Topic: How To File Multiple-class Trademark Application?