Procedure for Trademark Registration | A Simple 7 Step Guide

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A trademark is a kind of intellectual property made up of a distinguishing sign, pattern, or phrase that distinguishes one company's goods or services from another. This article covers the procedure for trademark registration online in India, the required paperwork, and the different kinds of trademarks that may be registered to provide your company exclusivity.

A trademark is intended to protect a company's investment in its brand or ideogram and, once registered, becomes an untouchable asset or piece of intellectual property.

Once a trademark is distinctive for the products and services being offered, it is registered. Trademarks that are offered for registration yet are identical or nearly so to a trademark that is already registered. In addition, it is prohibited to register trademarks that are misleading, generic, offensive, similar, contain solely protected insignia, etc.

Trademarks are registered in India by the Ministry of Commerce and Industry's Controller General of Patents, Designs, and Trademarks. The Trademark Act of 2016 permits the trademark owner to file a lawsuit for damages when infringements of registered trademarks occur in India.

Procedure to Register a Trademark

An application for trademark registration must be filed, the trademark must be examined, it must be published or advertised, it must face opposition (objections), if any are raised or discovered, it must be registered, and it must be renewed every ten years.

Although registering a trademark is a straightforward process, it is advised to hire or obtain legal counsel from a trademark specialist to make the process quicker and more reliable.

Step 1: Search for Trademarks

The applicant must exercise caution when selecting their trademark.

Since there are already many different kinds of trademarks available, it is crucial to conduct a public search on the trademarks database kept by the Trade Marks Registry after choosing a trademark. 

It is to make sure it is original and that no other trademark exists that is either similar to or identical to his or her trademark.

The trademark search reveals all the different kinds of trademarks that are already on the market, whether they are registered or not. 

The search also indicates whether there is a rival application for the same trademark.

Step 2: Apply for Trademark

Depending entirely on the products and services the firm offers, a single-class or multi-class application for trademark registration may be submitted.

Depending on the jurisdiction of the trademark, Form TM-A, the registration application form, may be submitted physically at the Trade Marks Office or online through the official IP India website.

The application for trademark registration must be accompanied by several documents that provide comprehensive information about the trademark for which registration is requested. 

Additionally, if the application asserts earlier use of the trademark, a user affidavit supports that usage and provides proof of its prior use.

Step 3: The government authority examines the trademark application.

Following the submission of the trademark application, the Examiner must submit a mandatory examination report following a thorough review of the trademark application by the requirements of the Trade Marks Act, 2016.

The authority's examination report may or may not include any objections that could be absolute, relative, or procedural. Within 30 days of the registration application's filing, the Trademark Authority issues this examination report.

Within 30 days of obtaining the examination report, a reaction must be submitted, asserting the arguments and supporting documentation against any objections to waive them off.

Step 4: Evaluation

If the Examiner (Trademark Authority) is not satisfied with the submitted reply or if the objections are not satisfied after the reply to the examination report has been filed, the Examiner (Trademark Authority) may schedule a hearing. After the hearing, the Examiner will decide whether to accept the mark and send the application for publishing in the journal or reject it if any objections are still being raised.

Step 5: Using trademark advertising

When a trademark registration application is approved, it is advertised for 4 months and published in the Trade Marks Journal. Public participation in a formal protest against the mark's registration is encouraged by the publishing and publicity.

Step 6: Public opposition 

Any individual who feels wronged after the trademark is promoted and published in a journal may submit a notification opposing the registration of the trademark. 

Within four months of the trademark's publication in the Trademark Journal, this opposition notification must be submitted using Form TM-O. 

If the trademark application is contested or objected to, then the proper legal procedure must be followed, which includes submitting a counter-statement application, providing proof, and holding a hearing to register the trademark.

Step 7: Adding the trademark to the register

Registration is the last phase in the process, where the application advances to registration after overcoming the objection and/or the resistance to the aforementioned trademark registration.

Additionally, the trademark receives an automatically created registration certificate within a week if there have been no opposition to the trademark registration online throughout the advertisement/publication period of 4 months. Following completion, the registration is valid for ten years, following which it must be renewed within a set window of time.

Benefits of registering a trademark

The ability to protect one's brand and business by using the compassion of one's business is the biggest advantage of having a registered trademark. 

Additionally, by ensuring that they are dependable and linked to the company for an extended period, a strong brand can serve as a direct link between the customer and the product.

There are other additional advantages, such as:-

• A trademark registration establishes the legitimacy of the product's and service's source.
• It ensures superior goods and services.
• A trademark that has been registered promotes both goods and services.