A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. A brand or brand name also constitutes a trademark. 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.
Why Brand Name Registration?
A brand name might want to be protected by its owner. As such, the owner will have to trademark the brand name to retain its ownership on the brand name. If the brand name is trademark, you are entitled to get the statutory damages, if any caused by any person or company who is not the rightful owner of the brand name.
Requirements for Trademark your Brand
- Applicant details like name, address and nationality; if the applicant is a company then state of incorporation
- Goods or services to register
- Trademark or brand name 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
Brand Trademark Registration Process
- Trademark search is the first and important step carried out in the trademark registration process by the trademark attorney. In this step, the trademark attorney will need to search online and offline for the availability of the trademark. It must also check for the uniqueness of the trademark as similar trademarks may be in use in the market.
- Once these two qualities for search are completed, the trademark can be moved to the next step of filing the trademark registration application.
- The trademark application filing can be done online on the Trademark Office Portal. The applicant must first create a user ID by registering on the Trademark Office Portal. The application form is now available to be filed once the applicant logs in using the user ID or digital signature. Application form must be filled, due payment must be made and the application form must be duly signed using digital signature to generate a temporary application number. After submitting the application form with the fees, a permanent application number is generated two days after the receipt of the payment.
- An examination of the trademark application is a tedious part of the trademark registration process. It is done to check for any variance in the information provided by the applicant and the application form. The examination process takes up to 12 to 18 months providing any of the results that is absolutely passed, conditionally passed or passed with objections. 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.
- Once the examination is completed, it is necessary to publicly declare the ownership of trademark and allow any objections within 3-4 months of publication. In case there is no opposition, the trademark proceeds for registration. Therefore, in case of opposition, there is a fair hearing and the Registrar takes decision.
- After the publication step is cleared without any obstacle through the Trademark Journal, a trademark registration certificate is issued to the applicant.
- It is a simple and important process and the registered trademark is henceforth valid for ten years.
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.