Know About the Steps of Trademark Registration

A trademark is something that gives a service, product, or company a distinctive identity. Their unique identity aids in setting them out from the competition. Graphics, images, photos, slogans, a company's logo, a word, a colour scheme, an aroma, or a sound can all serve as unique identifiers for a company's goods and services in the marketplace.


By registering a trademark online, an organisation is granted the sole right to use it, preventing any copying or exploitation by other businesses. However, the majority of businesses only seek to register their brand or trademark on something distinctive that they believe the market will abuse if properly regulated. A registered trademark is a business's intangible asset or intellectual property that aids in establishing brand recognition and brand connection with consumers.

Documents Required for Trademark registration Online


  • Information specific to the brand name, slogan, or emblem that needs to be registered.

  • the first time the trademark was applied for.

  • a thorough biography of the trademark owner, including name and address. All members' names must be provided if trademark registration for the firm name is desired.

  • The Form TM - 48 Authorization Fees for Trademark Registration


Necessary Steps for Trademark Registration


Trademark Search


To promote and defend original and creative ideas, trademark registration is primarily intended. Because of this, only distinctive trademarks, as determined by the Indian Trademark Authority, may be registered. As a result, make sure that your trademark is original and not similar to or copied from another trademark. To ascertain whether the trademark you have submitted is distinctive, you can do a thorough search of the trademark database on the official website. The website offers a comprehensive list of various trademarks along with information on their status. You will learn about trademarks that have been registered, applied for, contested, objected to, or abandoned. The outcome will be displayed on the internet if your trademark corresponds to those there.


Application Filing


Once you've confirmed that your trademark is unique, you may either physically or online submit an application for trademark registration. If you are an individual, small business, or start-up, you must physically file the application at one of the five trade register offices in Delhi, Mumbai, Ahmedabad, Kolkata, or Chennai with Form TM-A and Rs 5000 in costs.


By submitting an online application and paying the associated expenses of Rs. 4500, trademark registration online is also possible. Your TM number will be printed on a receipt once the application has been submitted successfully.


Inspection of the filed Application


The trademark registrar will review the application after it is submitted to ensure its accuracy. The registrar will check to see if the proposed trademark complies with all requirements outlined in the Trademark Act of 1999. The registrar will also confirm that the trademark described in the application is distinct and does not clash with any already-registered trademarks. The registrar will approve your application and publish it in the trademark journal if they are happy with their results. However, if they notice any inconsistencies, they may object.


Reply to Objections


If the registrar objects, this course of action should be taken. According to the guidelines in sections 9 and 11 of the Trademarks Act, 1999, objections are made. After then, the applicant must respond to the objections and provide evidence that their trademark does not violate the rights of already-existing trademarks.


Publication of the Trademark


The trademark registration process will be approved by the registrar when they have given their approval for the application to be published in the Trademark journal. A trademark journal is a weekly publication that includes all the specifics of each application for a trademark registration. For three months, a trademark is published in the journal. If a third party believes that registering the proposed trademark will violate or infringe upon their rights, they may express their opposition to it. The registrar will set a hearing date if they receive an opposition to the proposed trademark. Both claimants will have the opportunity to submit their arguments and provide supporting evidence at this hearing.


Conclusion 


A trademark is a name or emblem you use to set your products apart from those of your rivals. The legal phrase for "intellectual property" is "trademark." A trademark can also be described as a name, word, phrase, logo, symbol, design, image, or a combination of these things. A trademark identifies the company that owns the brand for a specific good or service.
Location: India

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