APPLICATION TRADEMARK REGISTRATION

Why Should You Apply for Trademark Registration?

Safeguarding Your Brand Identity-

Your brand is the heart and soul of your business. It represents your vision, values, and the unique offerings you bring to the market. By for trademark registration, you establish legal rights and exclusivity over your brand identity, ensuring that others cannot use or imitate it without your permission. Trademark registration acts as a shield, protecting your brand from potential infringers and safeguarding the reputation and distinctiveness you have worked so hard to build.

Exclusive Rights and Nationwide Recognition-

When you successfully register your trademark, you gain exclusive rights to use your brand name, logo, or slogan within the registered class of goods or services. This means that you have the legal backing to take action against any unauthorized use or infringement. Moreover, a registered trademark provides nationwide recognition, allowing you to expand your business and protect your brand in various locations. With the ever-expanding digital landscape, securing a registered trademark has become increasingly important for companies to establish and maintain their presence.

Enhancing Brand Value and Consumer Trust-

A registered trademark adds significant value to your brand. It becomes an intangible asset, contributing to the overall worth of your business. When consumers encounter a registered trademark, they perceive it as a mark of quality, reliability, and professionalism. Trademark registration instills trust and confidence, making it easier for customers to choose your brand over competitors. In a crowded marketplace, having a registered trademark sets you apart and helps you build a strong brand image that resonates with your target audience.

The Application Process: Step-by-Step

Now that we understand the importance of trademark registration, let’s dive into the application process itself. we will break it down into simple steps that will help you understand the process and empower you to navigate it with confidence.

Modes Of Filling Trademark Application-

Paper Filing: This traditional method involves printing out the required forms and supporting documents, completing them manually or using a typewriter, and submitting them physically by mail or in-person to the relevant trademark office. Electronic Filing: With advancements in technology, many trademark offices now offer online systems for electronic filing. This mode allows applicants to fill out and submit the application online, typically through the trademark office’s website or a dedicated electronic filing portal. 

Electronic filing offers several advantages, such as convenience, quicker processing times, and the ability to track the status of your application online.

Steps Before Filling-

Choosing a trademark- Choose a unique and distinctive mark so that it does not clash with any other mark. Along with the mark the class in which it is to be applied is also to be selected. If the trademark is related to goods then Class (1-34) and if it is service then (35-45).Trademark search–  Before applying a new trademark, a search is required to find if a similar mark already exists on record or someone has been using that trademark or someone is trying to register a trademark that is similar/deceptively similar to your trademark.Trademark Application Filing- Trademark is filed in form TM-A, where every detail is to be included like fees paid, name of applicant, address, type of trademark, class, goods description, user date if any, details of trademark agent/attorney, etc.Trademark Filing Fees- Fees are charged per class. The structure of fees varies:

For Individuals, start-ups, and small enterprises (Rs 4,500/- online) & (Rs 5,000/- offline).

For partnership, LLP, Company& society (Rs 9,000/- online) & (Rs 10,000/- offline).

Steps After Filling-

Application Number-

Once a trademark is successfully applied, the applicant receives an Application number which helps the applicant to check the status of the application for future reference. Applicant can write TM on the trademark.

Vienna Codification-

Logos are generally sent to Vienna Codification to avoid duplication.

Examination of the Application-

After examination if the trademark is not found similar to any other trademark or not objectionable under any other provisions of the Trademark Act, 1999 then it is accepted and published in the Journal, otherwise examination report is issued.

Whenever an examination report is issued, a reply is to be submitted by the applicant within 30 days of the issue of the examination report. If no examination reply is submitted within the stipulated period, the trademark will be abandoned. If the reply is submitted on time, the application will proceed to the next stage.

HEARING-

The trademark office informs about the date of the hearing prior to the date of the hearing. Hearing generally takes place in virtual mode. The applicant’s attorney/agent generally appears at the time of the hearing as they have in-depth knowledge of the trademark. At the conclusion of the hearing, a trademark is either accepted or refused. If the trademark is accepted by the hearing officer, the same is published in a public Journal.

PUBLICATION-

The trademark accepted is published in the Journal, which is published weekly and contains the details of all trademark that has been accepted by the department. The waiting period for a trademark in the Journal is 120 days. During this period, a third party can raise objections against a trademark by filing an opposition.

CERTIFICATE-

If no opposition is filed against a trademark published in the trademark Journal during the waiting period, a registration certificate under the seal of the Trademark office is issued.

Registration-

The registration will be valid for 10 years from the date of filing of the application. After this period the trademark can be renewed for another 10 years. ® can be written on the mark after registration only.

When registered-

RENEWAL

A trademark is to be renewed after every 10 years so to protect the trademark perpetually. For renewal, simply the renewal fees are to be paid as fixed by Trademark Registry.

USE OF THE MARK:

Continuous use of the trademark is required so as to maintain its distinctiveness and familiarity in the market.

Please Note: It is recommended to consult with an experienced trademark lawyer/attorney to ensure smooth registration. if you need help with your smooth registration book a free call with us now.