Trademark Registration

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Trademark Registration in India: An Overview

Trademark registration in India provides the applicant with the ability to use symbols or words that represent a business or its products. This allows them to distinguish their goods or services from those offered by competitors. Once a trademark is registered in India, no other organization can use it as long as it remains in use.

Upon registration, the “™” symbol can be used alongside the brand name. Trademark registration serves as a valuable asset for a company, protecting its brand name. It is advisable to seek trademark registration in India with the assistance of an expert, as the process involves multiple steps and requires regular follow-up with the government authorities.

Advantages of Trademark Registration:

• Brand Name and Logo Protection:
  Trademark registration safeguards your brand name and logo, preventing others from copying them.
• Enhancing Brand Image:
  Businesses often invest significant resources in creating and promoting their brand names and logos. A trademark helps build a strong brand image, and companies are often recognized by these symbols.
• Public Awareness:
  Trademarks aid in the easy identification of goods and services offered by a specific brand. This reduces confusion among consumers.
• Legal Safeguards:
  With trademark registration, you have legal recourse against individuals or entities attempting to replicate your brand name or logo, allowing you to take legal action against them.

Documents Needed for Trademark Registration:

Trademark registration in India is a process best undertaken with expert guidance. The following documents are typically required for obtaining trademark registration:

• Identity proof of the trademark owner.

• PAN Card.
• Passport.
• Aadhar Card.

• Certificate of Incorporation (for Private Limited Companies or LLPs).
• Udyog Aadhar Registration.
• Logo, if applicable and available.
• Address proof.

Trademark Registration Process:

With advancements in technology, trademark registration can now be conducted online. Here are the key steps in the trademark registration process:

• Trademark Search:
  It is essential to conduct a trademark search before proceeding. This search helps determine the availability of the desired trademark and reveals if there are any identical or similar trademarks already registered. Our article on “How to Conduct a Trademark Search?” provides guidance on this step.
• Trademark Filing:
  After completing the trademark search, you can proceed to file the trademark registration application with the Trademark Registrar. The application must be submitted in the prescribed format and accompanied by the applicable fees. You can submit the application online or in person at any of the five Trademark Registrar’s offices with jurisdiction over your state.

The trademark registration application should include the following information:

• Logo or Trademark.
• Name and address of the trademark owner.
• Date of first use of the trademark.
• Description of the goods or services associated with the trademark.

The Vienna Codification Process in Trademark Registration:

The Vienna Classification, established through the Vienna Agreement of 1973, is an international system for classifying the symbolic elements of trademarks. Once a trademark registration application is filed, the Trademark Registrar applies the Vienna classification to the trademark’s figurative elements. During this process, the application status typically appears as “Sent for Vienna Codification.”

Trademark Examination:

After the completion of Vienna Codification, the trademark registration application is assigned to an officer at the Trademark Registrar’s office. The officer reviews the application for accuracy and issues a trademark examination report. The officer can either accept the application, allow its publication in the trademark journal, or raise objections to the registration process. If the application is rejected, the applicant has the option to address the objections before the Trademark officer. If the officer finds the justifications satisfactory, the trademark proceeds to journal publication. If not, the applicant can appeal the officer’s decision to the Intellectual Property Appellate Board.

Trademark Journal Publication:

Once the Trademark Registrar approves the registration application, the proposed trademark is published in the Trademark journal, which is issued weekly and includes all received trademarks. The public has the opportunity to raise objections to the trademark registration if they believe it could harm their interests. If there are no objections within 90 days of publication, the trademark is typically registered within 12 weeks.

In cases where a third party opposes the application, a hearing is conducted by the Trademark Hearing officer. Both the applicant and the opposing party have the chance to present their justifications. Based on the hearings and evidence presented, the Trademark Hearing Officer decides whether to accept or reject the application. However, this decision can also be challenged through an escalation process.

Trademark Registration:

If no objections or oppositions arise, the trademark manuscript and registration certificate are prepared and issued. The issuance of the Trademark registration Certificate signifies that the trademark is now officially registered under the ownership of the applicant. This grants the owner exclusive rights to use the mark, and they can now affix the ® symbol to the logo or trademark.