Trademark registration gives lawful right of restrictiveness to utilization of the imprint to the proprietor of the trademark. Trademark enrollment can be acquired for words, logo, numerals, motto, gadget and more in India. Trademark enlistment is anyway a long procedure including numerous means. Below are the steps to be followed for trademark registration:
Search for Trademark
Before starting the trademark enlistment process, the business visionary or a trademark proficient must direct a trademark search of the trademark database. A trademark search will give data about indistinguishable or comparable trademark that has just been documented with the trademark vault. A trademark search can be directed by visiting the Trademark Registrar Website.
Filing of Trade Mark Registration
When the trademark search is finished, then the application for trademark enrollment can be documented with the Trademark Registrar. The application for enlistment of trademark must be made in the endorsed way and documented alongside the expense for trademark enrollment. The application for trademark registration can be documented at one of the five Trademark Registrar Office having jurisdiction over the State or on the web.
A trademark enlistment application must contain the accompanying data:
- Logo or the Trademark
- Name and address of the trademark proprietor
- Trademark Class or Classification
- Trademark utilized since date
- Description of the products or services
Trademark Application Allotment
On successfully submission of the trademark registration application with the Trademark Registrar, a reference number of the application is allotted within one or two working days. With the help of this reference number the status of the application can also be tracked by online trademark search. On obtaining the reference number the owner of the trademark can affix the TM symbol next to the logo.
When Process is finished, the trademark enrollment application will be dispensed to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then survey the trademark application for rightness and issue a trademark examination report. The Trademark Officer can acknowledge the trademark enlistment application and take into consideration trademark diary production or item the trademark enrollment application.
In the event that the trademark enlistment application is questioned by the Trademark Officer, the trademark candidate has the privilege to show up before the Trademark Officer and address the protests. On the off chance that the Trademark Officer is happy with the legitimizations of the trademark candidate, the trademark would be took into account trademark diary distribution. In the event that the Trademark Officer isn’t happy with the defenses, the trademark candidate has the privilege to offer the choice of the Trademark Officer before the Intellectual Property Appellate Board.
Trademark Journal Publication
When the trademark enlistment application is acknowledged by the Trademark Registrar, the proposed trademark is distributed in the Trademark Journal. The trademark diary is distributed week by week and contains every one of the trademarks that have been acknowledged by the Trademark Registrar. When the trademark is distributed in the trademark diary, the open have a chance to question the trademark enrollment, on the off chance that they accept they will be harmed by that enlistment. In the event that there are no protests recorded inside 90 days of that production, the imprint will commonly be enlisted inside 12 weeks – months time.
In the event that the trademark enrollment application is contradicted by an outsider, hearing will be called for by the Trademark Hearing Officer. Both the trademark candidate and the restricting party get the opportunity to show up at the meeting and give defenses to enrollment or dismissal of the trademark application. In view of the hearings and the proof displayed, the Trademark Hearing Officer will decide whether the trademark enrollment application ought to be acknowledged or dismissed. The choice of the Trademark Hearing Officer can likewise be tested by heightening to the Intellectual Property Appellate Board.
Once there are no complaints or restrictions for the trademark enrollment application, the trademark composition and trademark enlistment testament will be arranged and sent to the trademark application. When the trademark enlistment declaration is issued, the trademark is viewed as an enrolled trademark of the proprietor, conceding the trademark proprietor selective utilization of the imprint. The ® image would now be able to be put alongside the logo or trademark.