A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. Hence, any tamper or illegal use of this trademark by any other company it does not belong to, gives the authorized company the right to legal action – making trademark of a company the most important feature of its existence.
Slogans are the expressions used as marketing and communicating tool to boost the sale of products and services. Few of the examples of a slogan are “I’m lovin’ it”, “Just do it’,“High Performance. Delivered”, etc.,of famous companies.
The slogan must either be a wholly unique campaign phrase or description, or develop a secondary meaning associated with the product or service.
Requirements for Slogan Trademark Registration
- Applicant details like name, address and nationality; if the applicant is a company then state of incorporation
- Goods or services to register
- Trademark or slogan copy
- Date of first use of the trademark in India, if used by you prior to applying
- Power of attorney to be signed by the applicant in Rs. 100 stamp paper
- If the mark contains or consists of non-English words, a translation of those words into English is required
Slogan Registration Process
Once a company is formed, it must register its trademark with the Registrar, which is valid for ten years only. It is a simple yet important process and does not require much effort.
- As a first step, a trademark search is carried out to check the availability and exclusivity of the trademark. A trademark attorney does the trademark search online as well as offline. Once the validation is complete, the trademark registration application can be forwarded.
- Trademark application filing can be done online and offline. To begin the process, one must be registered on the Trademark Office Portal. Post registration; log in using the user ID or Digital Signature to fill the application form. Save the details on the application form to generate temporary application number. Sign the application using Digital Signature and make the due application payment. A permanent application number is generated two days after the receipt of the payment.
- An examination is then carried out to check for discrepancies making this process a tedious one for about 12 to 18 months. The examination results are categorized into three – absolutely, conditionally or objected.If accepted absolutely, the trademark gets published in the Trademark Journal.If not accepted, the objections mentioned in the examination report must be fulfilled in a months’ time for the trademark to be published in the Trademark Journal.
- A publication step is included to publicly declare the ownership of trademark and to allow any objections within 3-4 months of publication.In case there is no opposition, the trademark proceeds for registration. Thus, in case of opposition, there is a fair hearing and the Registrar takes decision.
- After the application proceeds for trademark registration after publication in Trademark Journal, a trademark registration certificate is issued.
HOW LONG DOES THE TRADEMARK REGISTRATION PROCESS TAKE?
As soon as you have applied for trademark, you can start using the TM symbol. Usually it takes 15 to 20 months for reviewing your application. After that if there is no objection they will release your name in the official Gazette, and after that you can use (R) symbol.
WHAT IS TRADEMARK CLASS?
Controller General of Patents, Designs and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.
WHAT IS THE VALIDITY OF THE TRADEMARK?
A registered trademark is valid up to ten years, after which it may be extended by way of renewal process.
WHICH TRADEMARK CANNOT BE REGISTERED?
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also, trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
WILL THE TRADEMARK REGISTERED BE VALID OUTSIDE INDIA?
No, the trademark registered in India will only be valid in India.