A trademark is a term, symbol, phrase, sign, design, graphics, or logo that prevents the name of a specific brand, product, or service from being stolen or replicated. Trademarks distinguish a brand’s product from those of its competitors. Consumers typically identify a brand’s products and services by its logo, distinguishing features, or quality.
The trademark registration process involves registering a trademark name, logo, or symbol with the official registrar of trademarks of Intellectual Property India. The Trademarks Registration Act of 1999 governs the registration of trademarks in India.
Importance of registering a trademark
Jurisdictional rights, trademarks, and other corporeal assets are examples of corporeality, and as such, they can be licensed, sold, and bought, and they can also be used as collateral when applying for a loan. As a result, such an asset requires protection in order to continue earning economic value for as long as the owner desires.
A registered trademark provides a business with a unique identification while also protecting its reputation. A trademark can be used for up to ten years after registration before being renewed. As a result, as long as the trademark owner renews it on a regular basis, the firm will continue to exist.
Only a registered trademark holder can launch an infringement suit against any third-party infringer who attempts to infringe or pass off their own goods and/or services by leveraging the reputation and goodwill of another person’s registered trademark. The cost and time required to register a trademark have been lowered, and the expense is one-time. Now, registration times range from 6 to 12 months, and once registered, it is good for the next ten years.
Procedure for registering a trademark
- Before you begin applying for trademark registration, you need first determine the availability of your trademark. First, ensure that your brand complies with the laws and regulations outlined in the brand Act of 1999. According to the Act, a trademark must be distinctive, non-descriptive, and not comparable to any other registered brand. It should be able to differentiate your products or services from those of competitors. To qualify your trademark, evaluate whether it is unique, distinctive, and likely to cause confusion with existing trademarks. To avoid any issues later in the registration procedure, you must do a thorough search for existing trademarks.
- Once you’ve determined that your proposed trademark complies with the Trademarks Act of 1999 and is original and distinctive, check to see whether it’s already available. This requires a trademark search. A trademark search on Intellectual Property India’s official website will assist you avoid potential conflicts and lower the likelihood of your trademark application being rejected. In this phase, you must determine whether the proposed name is already registered as a trademark or if it is similar to an existing or advertising trademark.
- Following the search, the procedure of submitting an application for registration begins. An application in Form TM-A must be filed either online through the IP India official website or in person at the Trademark Registry Office, depending on the jurisdiction. An application to register a single mark must be filed for registration in only one class of products and/or services, or for registration in many classes, although fees will be collected for each class contained in the application. The necessary documents must be accompanied by an application, as well as all information that will be included in a trademark.
- As soon as it is filed with the application, it is subjected to strict scrutiny by the Registrar; thus, he is prepared to conduct an examination in writing in which he will provide the applicant with a copy with at least 30 days period in which the applicant will know whether the Registry intends to refuse or acceptably, conditionally, allow them to have his/her claimed title and will include materials on that decision.
- Once the applicant has submitted his or her response to the examination report, the examiner may hold a hearing if he or she is dissatisfied with the applicant’s response or if the response fails to serve the purpose of the objection raised in the report.
- After the examiner accepts the application, it is published in the Trademark Journal. The journal then remains there for four months. The application is advertised so that any third party can read it within the time frame specified above and, if they wish, submit an opposition against the applicant. Each Monday, the Journal is updated with newly accepted trademark applications.
- Any aggrieved party can file a notice of opposition in Form TM-O within 4 months from the date of publication of the application. When any third party feels that the already existing and prior use trademark, due to which the reputation and good will associated with the prior trademark of such third party is likely to be damaged, has been infringed by the applicant, or the application is made in bad faith and if such a trademark is registered, it will harm.
- The final step in registering your brandmark is to get the registration certificate. This means that if there is objection to any legal process involving an application, the applicant’s certificate will be issued.
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