The process of trademark registration in India is a systematic procedure governed by the Trade Marks Act of 1999 and the Trademarks Rules of 2003 and 2017. The procedure involves several steps. Let’s take a look at the process of trademark registration.
Also Read – Documents required for the filing trademark in India.
Trademark Search
When a person wishes to file a trademark, it is always advised that a thorough and comprehensive search for the trademark is done to ensure that the trademark is unique and has not been in use by a third party. This step is particularly essential if a person wishes to have a smooth Trademark Registration Process and avoid any legal repercussions in the future.
Filing the Application
The trademark application must be filed as the next step. The Trademark Registry receives the application for trademark registration. It includes details about the applicant, a graphical representation of the trademark, and a description of the class of goods or services associated with the trademark.
Examination by the Trademark Office
The Trademark office reviews the application to make sure there are no conflicts with an already-existing trademark and to determine the absolute grounds of denial, in order to guarantee that all legal compliance and requirements are fulfilled. Ensuring that all record keeping and paperwork obligations are fulfilled is crucial. Owners of recently registered trademarks must make sure they keep up with all the documentation and make any necessary updates.
What is the Trademark Filing Process in India?
The process of trademark registration in India is a systematic procedure governed by the Trade Marks Act of 1999 and the Trademarks Rules of 2003 and 2017. The procedure involves several steps. Now that we know the necessary documents that are required for the filing of trademarks, let’s take a look at the process of trademark registration.
Trademark Search
When a person wishes to file a trademark, it is always advised that a thorough and comprehensive search for the trademark is done to ensure that the trademark is unique and has not been in use by a third party. This step is particularly essential if a person wishes to have a smooth Trademark Registration Process and avoid any legal repercussions in the future.
Filing the Application
The next step is to file the Trademark application. The application for trademark registration is submitted to the Trademark Registry. It includes details about the applicant, a graphical representation of the trademark, and a description of the class of goods or services associated with the trademark.
Examination by the Trademark Office
In order to ensure all the legal compliance and requirements are met, the Trademark office examines the application to make sure that there is no conflict involved with an already existing Trademark and the absolute grounds of refusal do not apply to it. If the Trademark Registry finds that the mark is not registerable, it will issue an objection and the applicant will have to file a reply to the objections within one month or the application will be considered abandoned.
Trademark Objection
Once the trademark is applied for registration, it can be objected by the examiner on various grounds. It happens during the initial stage of the trademark registration process. An objection raised by the examiner do not mean rejection of the Trademark Application. By way of raising objection, the registrar seeks further clarification or explanations about the legal validity of the trademark. When an objection is raised by the examiner, the status of your Trademark Application will show as ‘Objected’.
When the objection is received, the applicant shall file a comprehensive reply, supported with legal precedents, to the objection within a month or the application will be deemed abandoned.
Publication in the Trademarks Journal
Once the Trademark application clears the examination stage, the Trademark is published in the Trademark Journal.. If any third party wishes to file an opposition to the trademark, they can do so within 4 months from the date of advertisement of the registration application in the trademark journal by giving a notice in Form TM-0 and payment of fees to the Trademark Registry.
Opposition Proceedings
In case of Oppositions, evidence is submitted by the opposer and the applicant, and the parties may also request a hearing, and the Registrar makes a decision to either register the trademark or dismiss the application based on the arguments and evidence presented.
Registration Certificate
When the process is complete, the trademark registry issues a Trademark Registration Certificate. With the issuance of Trademark Registration certificate, the Proprietor of the Trademark gets an exclusive right to use the Trademark in relation to the Goods or Services in respect of which the Trademark is registered.
Trademark Renewal
A trademark registration remains valid for ten years from the date of registration but may be renewed from time to time. Renewals should be filed before the date of expiry of the trademark.