In India trademarks are registered under Trade Mark Act, 1999. Trademark registration is not compulsory but is advisable. Trademark is a word, symbol, alphanumeric, character, logo, letter, signature, sound, letter, design or combination of abovementioned thing. A trademark is a unique mark used by an organisation.
The registration of the trademark increases the creditability of brand value of your organisation. Unless the mark is registered one can use TM as superscript and after the registration is completed one can write R in a circle at the top right of the trademark.
Process of Trademark Registration in India-
Following is the procedure needed to be followed for trademark registration in India under Trademark Act, 1999.
- TM search-
The very first process for trademark registration in India is to search for whether the similar Mark has been registered earlier or not. There are two kind of search one is online and other is offline both the searches are necessary. After the search is complete and one finds its mark to be unique, it can proceed to next step for registration.
- Trademark Application-
After the search is complete and the mark is found to be unique, one needs to file an application for registration of the trademark. The TM registration application can be filled in any of the five offices having jurisdiction over the state or can be filled online. The application shall contain the details about the mark, name and address of the owner of the TM, one of the forty five classes under which your mark falls, date of first use and the description about the goods and services. The application shall be accompanied by prescribe fees of trademark registration.
- TM Application Allotment-
Once the application for trademark registration is filed one receives the allotment number in one or two working days. After getting the allotment number you can start using TM as a superscript to your trademark.
- Issue of Examination Report-
After assigning the allotment number the trademark registration form is allotted to the trademark officer at the trademark registrar office. He reviews the application and as for correction and issues a examination report. He has the right to object the application and call for justification. Once he is satisfied with the application he calls for publication in the journal.
- Publication in trademark Journal–
The trademark journal is published weekly. All the marks that have been accepted by the registrar is published in the journal. Once it is published, the public has an opportunity to oppose to trademark registration. If there is no opposition raised within the time frame of 120 days the trademark will be registered within 12 weeks.
If opposition is raised by the third party hearing will be called by the trademark hearing officer. He will listen to both the parties and on the basis of evidences produced he will decide whether to accept or reject the trademark registration application. An appeal can be made to Intellectual Property Appellate Tribunal.
- Issue of certificate-
Once there are no opposition to the trademark, trademark manuscript and trademark certificate is issued to the trademark applicant. After the issue of certificate one can use R in a circle at the top right of the trademark.
The process of trademark registration involves TM search, filing of application, application number allotment, and examination of application, publication in journal and at last issue of certificate of trademark. The trademark registration in India is not mandatory but is advisable as it provides a privilege to its user. As per the trademark Act, 1999, trademark registration in India is done for a period of 10 years which can be renewed for the next 10 year there is no barrier on number of renewals. The trademark registration provides the owner of the mark to use the trademark without infringement till the term of registration. Company Vakil’s IP Legal Experts help you get your trademark registration at most Affordable Price..
Flowchart Showing Procedure For Registration Of Trademark In India-