Trademark Registration is a process that involves lots of steps. Furthermore, trademark registration online is essential for every kind of business, whether small or large. If you want to register a trademark in India, you must know some of the crucial things about the procedure. In this article, we will learn about the Trademark Registration process flowchart. We will also understand the trademarks in detail.
What is a Trademark?
Trademark is a unique method or a tool to distinguish one business from another. In other words, trademarks are special marks that create an identity of the business.
Trademarks can be of various types. The most popular types that businesses use are:
- Name or a Word
- Tagline or a Phrase
- Book Titles
- Clothing Brands
- Music Tone or Audio
- Specific Smell
It is important to note that trademarks can have a registration, or they can also be without registration. However, trademark registration online is more beneficial. Understanding the Importance of Trademark registration in India can benefit almost every business.
What is Trademark Registration?
Trademark Registration is the best method to safeguard your brand. When you register trademark in India, you get the exclusive rights to use it.
However, one can also lease trademarks to earn extra income. The Trademarks Act of 1999 governs trademark registration. As a result, to get a Trademark Registration Online, you need to file an application to the Registrar of Trademarks.
Any Individual or a Legal Identity can get Trademark Registration for their intellectual property. After Trademark Registration, you can use the ® symbol, and while filing an application, you can use the ™ logo. Learn more about the Difference between Trademark ™ and Registered Trademark symbol® to understand the concept of Trademark Registration.
Benefits when you register a Trademark in India
There are several benefits when you register a trademark in India. The most benefits that you get right away are as follows.
- Many big companies offer a wide variety of products and services. Starting a new startup and getting trademark registration helps you distinguish from them and build a solid individual brand for yourself.
- Trademark Registration provides you with legal protection. Thus, your competitors can not misuse or damage your brands’ reputation.
- It is a one-time registration process that allows you to have trademark registration benefits for a decade.
- You can get International Trademark Registration and get protection for your mark across the globe. Learn more about Advantages of International Trademark Registration
- Trademarks are an essential asset for every business. As the company grows, the value of the Trademark also increases.
- Your product or service gets popular across the general public after successful trademark registration.
The Complete Trademark Registration Process Flowchart
The Trademark Registration Process involves a lot of complex steps. Therefore, you can use Trademark Registration Process Flowchart to understand the steps clearly.
Trademark Search is the foremost step in the process flowchart. In the trademark search, an applicant or a professional search for a similar or identical Trademark registered or filed. Here we have to use the database of the Trademark Registrar to conduct the search. This is the primary step and, therefore, should be done carefully.
Trademark Application Preparation and Filing
If your Trademark is unique, you can begin the application procedure. The Trademark Registration application should be filed in a specific format to the trademark registrar. In this stage, you also need to pay the application fee for trademark registration.
The essential things to mention in the Trademark Application
- Logo or the other mark in high resolutions that you want to register as a Trademark in India
- Specific Class from the Trademark Class
- Date since Trademark is in use
- Information regarding goods or services
- Nature of Business and Identity Proofs of applicant or Trademark Owner
- Address of Trademark Owner or the Applicant
Trademark Application Allocation Number
After trademark registration application submission, the system will assign you a unique application number. You get this allotment number within one or two working days after the successful submission of a trademark application.
This unique number allows you to track the application status through the entire registration process flow chart. It is important to note that this number should always be kept handy. The reason is if the Trademark Registrar finds any error in the application or Trademark, they can reject your application. You can then use this allocation number for replying to the objections.
Vienna Codification Process of Trademark
It is a popular system to track the duplication of trademarks. The Trademark Registration Department uses Vienna codification to check the originality of trademarks under 29 categories that have many sub-categories.
The Vienna Codification Process of Trademark usually takes up to 3-5 business days. It can take even longer as it is an internal process, and the applicant can and does not need to do anything else here.
In-Depth Examination of the Trademark
The next step to the Vienna Codification process is an In-depth Examination of the Trademark. Here a Trademark Officer is responsible for conducting an examination of the Trademark.
Following that, the Trademark Officer would check the trademark application for accuracy and produce a trademark examination report. The Trademark Officer can approve the trademark registration application and allow it to be published in the trademark journal, or they might challenge the trademark registration application. Now here are the two possible outcomes:
- In case of opposition from the official, you can apply for Trademark Objection Reply Online and submit the response in a timely manner. If the official is satisfied with your response, they will continue the process.
- In case of no TM Formality Check Fail, the official will move the application to the official gazette or official journal of India. The trademark journal is published weekly and covers all of the trademarks that the Trademark Registrar has approved.
- After the Trademark is publicized in the official journal, it gives individuals and the business entities the right to object to the trademark registration(Trademark Opposition) if they feel it would affect them with a valid reason.
- If the Trademark is opposed, you have to apply for a Trademark hearing in front of the Trademark Hearing Officer.
Trademark Registration Final Step
Once all the objections or oppositions are successfully resolved, you will get the Trademark Registration Certification. The Trademark Certificate indicates that your Trademark is now registered, and only you have the exclusive right to use it. You can now also start using the ® symbol to highlight your trademark registration.
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