In India Trademark registration can be obtained for words, logo, numerals, slogan, device and more. Trademark registration provides legal right or authority exclusively assigned for the owner of the trademark. It is kind of long process involving multiple steps.
What is Trademark Search?
The entrepreneur as a beginner must conduct a trademark search of the trademark database. There are certain information which are identical or similar trademark that has already been available with the trademark registry. Trademark search can be easily done by logging in to trademark website.
Let us see Trademark Filing
After completing the trademark search process, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. There are some procedures for the Trademark application that can be filed at one of the 5 Trademark Registrar Office having jurisdiction over the State or online. Trademark applications can be filed by a trademark agent or lawyer else you can seek online websites like IndiaFilings.com
These following information are mandatory for the Trademark Application:
- Logo or the Trademark
- Name and address of the trademark owner
- Classification or Trademark Class
- Trademark used since date
- Description of the goods or services
What is Trademark Application Allotment?
Once the Trademark registration application is filed with the Trademark Registrar, a trademark application allotment number is provided next 3 working days. Trademark Application can be tracked easily with online website facility availed. Typically, with the trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.
Vienna Codification or Classification
The Vienna Classification or Vienna Codification, established by the Vienna Agreement in 1973, is an international classification of the figurative elements of marks. Only based on the figurative elements of marks when filing the trademark application, trademark registrar will apply the Vienna codification. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.
Trademark Examination
Once Vienna Codification is completed, the trademark registration application will be followed to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then cross check the trademark application for errors and issue a trademark examination report. The Trademark Officer only has the ability to accept the trademark registration application and then can allow for trademark journal publication.
When the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the Trademark Officer and address the objections. As the justification of the trademark applicant when satisfied by the trademark officer then the trademark would be allowed for trademark journal publication. In case the Trademark Officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
Trademark Journal Publication
At the point of trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. With the trademark journal published there the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks – months’ time.
In case of objections arisen by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing or third party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidences or justifications presented, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by escalating to the Intellectual Property Appellate Board.
Trademark Registration
Once there are no objections or oppositions for the trademark registration application at last stage, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The certified ® symbol can be allowed to be placed next to the logo or trademark. In India as it is allowed to view in IndiaFilings.com
Trademark Registration Process
In India Trademark registration can be obtained for words, logo, numerals, slogan, device and more. Trademark registration provides legal right or authority exclusively assigned for the owner of the trademark. It is kind of long process involving multiple steps.
What is Trademark Search?
The entrepreneur as a beginner must conduct a trademark search of the trademark database. There are certain information which are identical or similar trademark that has already been available with the trademark registry. Trademark search can be easily done by logging in to trademark website.
Let us see Trademark Filing
After completing the trademark search process, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. There are some procedures for the Trademark application that can be filed at one of the 5 Trademark Registrar Office having jurisdiction over the State or online. Trademark applications can be filed by a trademark agent or lawyer else you can seek online websites like IndiaFilings.com
These following information are mandatory for the Trademark Application:
- Logo or the Trademark
- Name and address of the trademark owner
- Classification or Trademark Class
- Trademark used since date
- Description of the goods or services
What is Trademark Application Allotment?
Once the Trademark registration application is filed with the Trademark Registrar, a trademark application allotment number is provided next 3 working days. Trademark Application can be tracked easily with online website facility availed. Typically, with the trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.
Vienna Codification or Classification
The Vienna Classification or Vienna Codification, established by the Vienna Agreement in 1973, is an international classification of the figurative elements of marks. Only based on the figurative elements of marks when filing the trademark application, trademark registrar will apply the Vienna codification. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.
Trademark Examination
Once Vienna Codification is completed, the trademark registration application will be followed to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then cross check the trademark application for errors and issue a trademark examination report. The Trademark Officer only has the ability to accept the trademark registration application and then can allow for trademark journal publication.
When the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the Trademark Officer and address the objections. As the justification of the trademark applicant when satisfied by the trademark officer then the trademark would be allowed for trademark journal publication. In case the Trademark Officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
Trademark Journal Publication
At the point of trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. With the trademark journal published there the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks – months’ time.
In case of objections arisen by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing or third party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidences or justifications presented, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by escalating to the Intellectual Property Appellate Board.
Trademark Registration
Once there are no objections or oppositions for the trademark registration application at last stage, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The certified ® symbol can be allowed to be placed next to the logo or trademark. In India as it is allowed to view in IndiaFilings.com
