Trademarks are the face of the company to the marketplace you are coming and have a trade name. Almost anything could be a trade mark like a word for e.g., “VARDIWALLA”, a sign, design etc. Endowing a lot of time, money and efforts to establish a brand only to have the same well-established brand name being stolen by someone else, depriving you of your hard-earned brand reputation or goodwill, is not a desirable thing. Not having your organization’s trademark being registered can lead you into protracted litigation. Thereforeregistration of trademark is necessary. You'll obtain the much-needed legal protection of your brand name registration in India in a few simple steps, as outlined below.
- TRADEMARK SEARCH:
The primary step for the registration of trademark is trademark search which if ignored can lead you to protracted litigation or objection being raised at the time of examination of the trademark.The more distinctive your trademark is the more it is likely to be registered. It is typically analysed that there is a series of protection levels from purely fancy full term to a generic term. As you travel from purely fanciful term to a purely generic term the scope of protection is going to weaken thus, making your likelihood of registration weaken.Trademark search helps to identify the existence of similar or indistinguishable trademark that has already been filled with the registry of trademark. If there exist similar trademarks then it gives you a fair idea as to the standing of your trademark and also a fair warning on the possibility of litigation.
- FILLING APPLICATION FOR TRADEMARK REGISTRATION:
After conducting a thorough trademark search, if one feels that the trademark is well distinctive in nature then application for trademark can be filled with the registrar of trademark in the prescribed manner along with the fees charged for the filling of a trademark. Application of trademark can be filled at Trademark Registrar Office which has a jurisdiction over the state or on an online mode .
The application must contain the following information:
- Name or the Logo of the trademark and address of the owner of the trademark.
- The class to which the trademark belongs.
- Date since which the trademark is being used.
- Description of the goods and services for which the trademark is going to be or is being used.
- ALLOTTMENT NUMBER FOR TRADEMARK APPLICLATION:
After the registration of application with the registrar of trademark an allotment number is provided for tracking the status of the application on an online mode. Typically, on obtaining trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.
- VIENNA CLASSIFICATION:
This classification was established by the Vienna Agreement of 1973. It is an international classification of the figurative elements of marks. This Classification will be applied by the registrar of the trademark to the trademark based on the figurative attributes of marks after the trademark registration application is filed.The trademark application status is normally "Sent for Vienna Codification" while this process is in progress.
- EXAMINATION OF TRADEMARK:
After the Vienna codification is completed the registration application will be allotted to a trademark officer in the trademark registrar office.The trademark officer will then issue an examination report in which it can either accept and allow for publication or reject the application for registration of the trademark or can also raise objections upon the registration of trademark. If the officer raises objections to the application then the owner of the trademark is given a chance to appear before the trademark officer to address the objections. If the officer is well satisfied with the justifications then he would allow for the publication of the trademark in the trademark journal.
- PUBLICATION OF TRADEMARK:
Publication of the trademark in the trademark journal is necessary so that anyone who wants to object the registration can oppose the same and if no objections are raised to the same within 4 to 5 months then in that case the application precedes for registration.
- CERTIFICATE OF REGISTRATION:
Following publication in the Trademark Journal, the application for trademark registration is processed, and a registration certificate bearing the Trademark Office's seal is issued.
- RENEWAL OF TRADEMARK:
The trademark is registered for a period of 10 years after which it can perpetually be renewed.