A trademark is any term, phrase, symbol, sign, design, image, or emblem that prevents someone from using, duplicating, or violating the identity for a specific company, good, or service. A trademark sets a brand’s goods apart from those of its rivals. Customers typically use a registration of brand’s logo, distinctive qualities, and quality to recognize its goods and services.
Why is it necessary to register a trademark?
The process of registering a trademark in India provides its proprietors with numerous advantages, making it a prudent decision for nearly all types of enterprises. It primarily establishes the legal presumption for ownership and validity by granting the person who applied the exclusive right to use the trademark in connection with its intended goods or services. Because of this, it serves as a strong deterrence to prospective infringers and grants you the legal authority to pursue legal action against anyone who uses or violates your trademark without permission. Above all, a trademark that has been registered can be a highly valuable commodity that can be sold, licensed, or even utilized as collateral. In addition to its practical benefits, trademark registration enhances a brand’s reputation, which in turn boosts investor and consumer confidence.
A Detailed Guide to the Process of Registering a Trademark
In order to establish a distinctive brand registration identity and safeguard intellectual property rights, it is imperative to pursue a lawful Trademark Registration process in India. It may prove to be a wise decision for companies hoping to preserve and safeguard their uniqueness in the marketplace. Every stage of the registered trademark process, from finding a distinctive mark to issuing the certificate of trademark registration, is crucial to preserving exclusive rights and bolstering the registration of brand’s legal position. To aid in your understanding, the steps involved in trademark registration are explained in full below.
Step 1: Classification of Trademarks: Businesses must first classify their trademarks into predetermined categories as per the this classification System in order to begin the trademark registration procedure. There are 45 classes in the Nice Classification System; classes 1 through 34 correspond to products, and classes 45–46 correspond to services. Trademark registration and classification classes are based on the intended use of the trademarks. To put it another way, a trademark’s categorization establishes the parameters of its use and protection, providing a clear framework for the trademark registration procedure.
Step 2: Search for Trademarks: Conducting a thorough trademark search is a crucial step before beginning the trademark registration procedure. In order to determine whether there are any comparable or identical markings that could make it difficult for you to register a brand under your intended mark, this stage entails scanning both domestic and international databases. In addition to assisting businesses in determining the distinctiveness and feasibility of their selected mark, a thorough trademark search reduces the possibility of objections throughout the inspection and review process.
Step 3: Filing a Trademark Application: The next stage of the registered trademark procedure is to submit a trademark application if all requirements have been met. The application is sent electronically to the appropriate intellectual property office, asking for both the mark’s approval and examination. It contains all the relevant information, including the applicant’s data, a picture of the trade mark, and the list of goods and services in which it is meant to be used. At this critical point, completeness and accuracy are very important in order to provide a hassle-free, step-by-step progression throughout the trademark registration process.
Step 4: Payment of Trademark Fees: The applicant must submit the required fee payment with the application after it has been filed. These fees pay for the expenses of handling the application, holding the test, and performing other administrative duties. Additionally, applicants must be aware of the fees that apply to them based on the nature of their company and the number of classes for which they want to register a brand via trademark.
Step 5: Examining Trademarks: During this phase, the concerned agency reviews and examines the proposed trademark. This review’s primary goal is to evaluate the proposed trademark’s availability and originality. This process also aids in verifying whether the mark satisfies the requirements for non-descriptiveness, distinctiveness, and compliance with other legal formalities. The Examiner creates an examination report that lists any objections that could impede or prolong the registration procedure for a trademark.
Step 6: Addressing Concerns: In order to advance the trademark registration procedure, it is imperative that objections presented during the inspection stage be addressed. Within thirty days of the objections being stated, the applicant must address them. The examiner will move on to the next phase if they are satisfied. Nevertheless, a show cause hearing may be held to settle the issue if an examiner is not satisfied.
Step 7: Publication of Trademarks: Once the objections have been resolved, the authorized trademark application advances to the publication phase. The mark is made available to the public through the trademark journal, which invites any opposition from outside parties. Considerations including the mark’s similarity to other marks may give rise to opposition from third parties. Before the application for trademark registration is eventually processed, these must be resolved.
Step 8: Resolving Third-Party Disagreement: When third parties voice oppositions or objections within the allotted time, resolving those issues becomes crucial to the trademark registration procedure. To resolve the concerns raised by opposing sides, this process may include settlement negotiations, litigation, or negotiation. The application will not be considered for further action by the department until all public oppositions have been successfully resolved.
Step 9: Approved Trademark Certification: When the applicant receives a Trademark Certificate, the last stage of the trademark registration procedure is completed. This formal document provides him with concrete evidence of the privileges granted to him exclusively. It is effective for 10 years after it’s issued, beginning on the date of application. The Trademark is safeguarded against unauthorized use and plagiarism for the duration of this period.
Step 10: Renewing Your Trademark: The owners of trademarks have to renew their trademarks as a last step in the registration procedure to preserve their rights, as protection for trademarks is not perpetual. Loss of protection could occur if the trademark is not renewed by the deadline. The procedure for renewing is nearly the same as the one for first registration. The number of times a trademark may be renewed is not set in stone.