A Trademark is a logo or symbol that characterizes your products or services and also differentiate it from other products and services. It not only provides an exclusive right to use the logo but also enjoy benefits of long run business establishment brand reputation and goodwill in the market. Trademark are not registrable If proposed trademark is similar or identical to existing trademark. And also it should not be offensive, general, unreliable etc. Once Trademark Registration is done, you can use TM Word. And after Trademark Registration Approval, you can use R symbol and trademark registration will become valid for next 10 years.
Documents required for Trademark Registration
Applicant’s Name, address.
Symbol, Logo or the Trademark to be registered
Description of the goods or services
Conditions of Usages
An affidavit, in case TM is already under use.
MSME Certificate, in case of SME Enterprises.
Power of Attorney in favor of Agent or Attorney
How to register A Trademark?
Online Trademark Registration Application can be filed by Private limited, HUF, partnership firm, Individual.
Search for Trademark:
Before filing the application for the Online trademark registration, We help you to conduct a search of the trademark database. A trademark search will provide information about identical or similar TM that is already filed with the trademark office. The Trademark can be registered once it is found to be unique.
Selection of Trademark Class:
To register under right classification of classes is very important while applying for Registration. We help you to pick the right class under which you need to register your trademark. In total there are 45 classes in which the proposed Trademark can falls.
Filing of Application for the Registration of the Trademark:
After the selection of right class, we will file the application for trademark registration on your behalf. Once application is submitted, we can not amend the application. You cannot add products or services to the application either.
Things to know about the online Trademark Registration Process:
Nowadays, a trademark registration can be easily made online.
The Vienna Codification is established by the Vienna Agreement (1973), is an international classification of the figurative elements of marks. Once the Trademark registration application is filed, the Trademark Registrar will apply the Vienna Classification to the TM. While this work is in progress, the Trademark application status reflects “Sent for Vienna Codification”.
Once Vienna Codification is successfully completed, the registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then review the Trademark application in accordance with certain guidelines and procedures.
Hearing before Trademark officer:
If the trademark application is objected to by the Trademark Office, the Trademark applicant has the right to appear before the Trademark Officer and address the objections. If the Trademark Officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for Trademark Journal Publication.
In case the Trademark Officer is not satisfied with the justifications, the Trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
This is the next step after the application is passed by the officer, wherein the proposed Trademark is published in the Trademark Journal. Once the Trademark is published in the Journal, it is open for the public to object to it if they have substantial grounds. The third party has to file the Trademark opposition application within 3 months (extendable by 1 month) from the date of publication of the Trademark.
If there are no oppositions within 4 months from the date of publication in the Trademarks Journal, then the registration certificate will be issued.