According to Section 2 of The Trademarks Act, a trademark is defined as a sign that may be visually represented and can be used to differentiate one person’s goods or services from those of others. This sign may take the form of a commodity, its packaging, or a combination of colors. In this article, we’ll give a brief overview of how long it takes for a trademark to be approved and how long it takes to register a trademark in India. How to apply for trademark in India will be explained by LegalRaasta.
Value of a trademark search when deciding how to apply a Trademark
- Since a trademark search would prevent the violation of any applicable regulations about how to apply for a trademark, it is always better to be safe than sorry.
- Before registering a trademark, it is essential to do a search. If every box is checked before registering, everything will go smoothly and without difficulty.
- A key consideration while choosing a trademark to prevent any duplication is availability.
- The trademark must not only be distinct but also have the appropriate trademark classification. There are 45 classes, classified into 1 to 35 for products and 36 to 45 for services, in the NICE classification of trademarks, a worldwide classification of goods and services. To ascertain which class the product falls within, a class search would be required. This search tool is offered to help you determine which class a specific product falls under based on the type of product. It is accessible in several languages and will assist you in determining how to apply a trademark application.
- A thorough search will reveal every potential conflict and prevent it.
- The term “well-known marks” refers to a list of all trademarks that have received widespread recognition.
- A list of all the marks that are prohibited from use in trademarks is provided under prohibited marks. Any of these would result in the denial of your trademark application.
- When a trademark is checked against the Vienna code search criteria, the Vienna code classification provides the specifics of the international classification of the figurative aspects of the mark.
How to apply for trademark
- Once the application is accepted, a form is completed and submitted with the necessary paperwork to the relevant authorities.
- The official application fees, which must be paid online, range from INR 4500 to INR 9000 per mark per class.
- A trademark must be carefully chosen or produced because it cannot be modified after it has been registered, and doing so would be both time-consuming and expensive.
- You must perform a trademark search after creating your trademark to discover whether someone else has previously registered a similar or identical trademark. The classification procedure might start if it is determined that the trademark is distinctive and free of objectionable or expressly protected insignia.
- A trademark can be used to categories your good or service because the Trademark Registry offers 45 classes.
- When submitting a form electronically, the acknowledgement can be obtained right away. You can now utilize the Trademark sign after getting acknowledgment (TM).
- The trademark officer checks the accuracy of the information in the application and assesses if the situation complies with the regulations and standards set out by the Controller General of Patents, Designs, and Trademarks.
- Within 30 days of receiving the notice, the trademark officer will issue a trademark objection notice if they find any issues or require additional information.
- The Registrar will publish your registered trademark in the Indian Trademark Journal after the examination process is finished.
- If the officer is not pleased with the response, a hearing will be set up when you will need to use a trademark attorney to argue your case.
- Obtaining a trademark registration certificate or registering a trademark: As soon as the Registrar issues your Registration certificate, you can use the registered trademark symbol next to your brand name, which displays the Trademark Registry’s logo.
- Visit https://ipindiaonline.gov.in, the official website for trademark registration in India. After choosing public search, the trademark tab offers three search options: wordmark, Vienna code, and phonetic. You must select the search option after entering all the necessary information. The list of trademarks that have been registered, objected to, or abandoned will be displayed in the result panel and will be used as the basis for choosing a trademark. You can get an estimate of how long it will take to get a trademark granted or rejected from this.
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Time period for trademark registration
A trademark application requires time because it goes through multiple stages. It usually takes between 18 and 24 months to register a trademark in an uncomplicated situation without any opposition or objections. In any case, the applicant will finish the trademark registration process within a month after receiving the certificate of trademark.
The applicant may use the “R” sign with its brand name or logo after receiving the trademark registration certificate. The certificate is not physically provided by the ministry; instead, it can be acquired electronically through the trademark website by providing the application number, which will assist in the trademark application process. After a few days of applying, you can start using the TM symbol if your trademark registration process is completed flawlessly by a Trademark specialist. You can get in touch with LegalRaasta to get your trademark completed quickly and easily.
Conclusion
A trademark application requires time because it goes through multiple stages. Although the registration certificate can be obtained in 6 to 8 months if the brand name is distinctive. The Trademark Ministry is in charge of processing the application, thus the length of time it takes to do so entirely depends on how quickly the government handles requests. Use a distinctive business name to avoid a protracted registration period.
It takes time since a trademark application must go through several steps of trademark registration. Since the application is handled by the trademark registry, the processing time is entirely dependent on the number of pending trademark applications there are at any one time. Depending on the circumstances, the processing time may change. Given the complexity of trademark processes, it is always advisable to get professional advice for obtaining trademark.
Also Read – Trademark Renewal Period
Connect with LegalRaasta professionals to simplify trademark registration process which will instruct you on how to apply for trademark.