Introduction
Trademark facilitates to create a distinct and unique identity of goods and services in the market. It takes a lot of effort and hard work for anyone to build a brand reputation in the market; but if the same brand is being misused by some other person, is something which would never be accepted in a cordial manner by anybody. In order to safeguard the brand equity and business interest, it is always opined to get the business brand trademark registered. Once the trademark is registered the owner of the trademark is vested with the legal right to institute the legal proceedings against any person misusing his brand name. The process of the registration of the trademark has been made very simple and easy and the same can be done online.
- Trademark Search
The process of Registration of the Trademark is set into motion with the trademark search. This step facilitates the firm in the selection of unique and distinctive trademarks in the shape of words, logo, device, the combination of colours, etc. It ensures that there is no other earlier trademark that is similar to or identical with the trademark proposed to be registered. It makes sure that there is no delay in registration of trademark due to objections that may arise owing to identical and similar trademarks. A trademark search helps to avoid any protracted or unnecessary legal proceedings which could be instituted in the future in case of similar, identical, or deceptively similar trademarks being used in the course of trade. Anyone can check the availability of the desired trademark on the Government website for the registration of the trademark and decide to proceed accordingly.
- Application for Registration of Trademark
After the search of the trademark is completed, the next step is to make an application for the registration of the trademark, being used or proposed to be used, in the prescribed manner with the office of trademark registry having territorial jurisdiction over an area wherein the principal place of the business of the applicant is situated. There are as many as 45 classes of goods and services under which the application shall be filed. Out of these 45 classes, 34 belong to goods and 11 belong to services. It is imperative to select the appropriate class for goods and services while making an application for the registration of a trademark. A single application may be made for the registration of a trademark for different classes of goods and services and the fees payable shall be in respect of each class of goods and services. The application form for the registration of a trademark is TM-A. Nowadays, filing of an application is mostly done online and after filing an official receipt is issued for future reference.
- Examination
Once the application for the registration of trademark has been filed successfully, the next step is of examination of the application and its content which is to be carried out by the officials of the office of Trademark Registry. If the examiner accepts the application unconditionally then the trademark gets published in the Trademark Journal. At the time of examination if the examiner is satisfied –
- that the application has been accepted in error; or
- that the trademark should not be registered; or
- that the trademark should be registered subject to conditions or limitations,
Then the examination report shall be issued to the applicant stating therein any objections or conditions subject to which the trademark could be registered. The applicant shall be provided an opportunity to comply with any such condition or limitation or to produce any clarification or evidence in support of his application within a period of one month from the date of receipt of the examination report. The applicant shall also be provided an opportunity of being heard. After this if the Registrar, is not satisfied with the clarifications of the applicant or that the applicant fails to comply with any of the conditions mentioned in the examination report, in such circumstances he may reject the application of the applicant. If the Registrar is satisfied with the clarification, or that the applicant fulfills all the conditions stated in the examination report, then he may proceed with the process of registration of the trademark of the applicant.
- Publication
After the application for the registration of the trademark has been accepted whether absolutely or pursuant to the compliance of conditions, if any, then the same shall be published in the Trademark Journal. The objective of the publication is to invite objections from anyone whose rights may get affected in any manner upon registration of the trademark in question. The time period of 3-4 months is given for purpose of invitation of the objections from the affected parties. If during the stipulated time frame no oppositions are received then the application may proceed to the next step of certification of registration. If any opposition is raised within the stipulated period following steps are to be followed.
- The notice of opposition is to be forwarded to the applicant for the registration of trademark. The applicant shall file his counter statement to the notice of opposition within a period of 2 months from the date of receipt of notice of opposition.
- The counter statement filed by the applicant of the registration of trademark shall be served upon the party who has opposed to the registration of the trademark.
- Both the parties shall be given an opportunity to adduce evidence in support of their claim.
- Both the parties should be given an opportunity of being heard before the final conclusion of the matter.
- The adjudication authority after taking into consideration all the evidences and contentions raised by both the parties shall decide the matter in favour of the applicant or in favour of the opponent. If the decision is in favour of the applicant of the registration of trademark then the application is successful and proceeds to the final step of certificate of registration.
- Certificate of Registration
The last and final step in the process of the registration of the trademark is the certification of registration in the name of the owner of the trademark. It indicates the successful registration of the trademark. The validity of the certificate of a trademark is for a period of 10 years and it gets renewed perpetually after every period of 10 years in the prescribed manner. This bestows the legal right upon the owner of the trademark to institute legal proceedings against any person who misuses his trademark. This ensures that the goodwill of the brand is secure from any kind of infringement. It helps businesses to grow manifold and imbibe a sense of trust and loyalty in the minds of the customer of goods and services.
Conclusion
From the above discussion, it is evident that the process of the registration of the trademark is very simple and hassle-free and now it can be done online with a few clicks. One should realize the power of the brand when it is protected by the legal rights conferred by a registered trademark.
By Nitin Gupta
Trademark Attorney at Lawgenix-Legal Geniuses