As everyone knows the process of a trademark makes the company name a unique one. Everyone needs their company to be unique and isolate in the market. Getting a Trademark Registration makes your company unique and isolated among the others in a similar field. By doing trademark registration for any feature of your company like name, symbol, color, a combination of color, numerical, slogan, etc.
Trademark registration helps in order to protect your company’s assets as you know the company name is also one of the assets of the company. According to the Indian government, the trademark registration process is being managed by some registrar offices. We SV Consultant will guide and help you to get your Trademark Registration, as we are one of the best consultant companies. In this blog let us see more about Trademark Registration Process and Procedures.
Before we initiate to the trademark registration, we need to gather some information regarding the registration, the applicant has to provide some of the following details like:
1. Applicant Name
2. Applicant Entity Type
3. Mention the name and designation of the authorized signatory
4. Brand Name which to apply
5. If required mention the date of doing trademark
Trademark search:
After getting all the information from the applicant, we can start the trademark search process. The suggested marks sill be searched in the public search (www.ipindia.nic.in) which is provided by the Indian government and then the search has found our mark is unique, we can go for the registration process.
A Trademark search is necessary to be done before filing the trademark application in India. It required only a minute for this valuable search. The following searches are made by the applicant to register a trademark. I suppose any mark that is already existing in the database, then you are not supposed to go for a trademark application. The mark which you are searching for is registered in the same class or even the same mark is unregistered, you are not supposed to go for a trademark application.
Trademark Application Filing:
After completing the trademark search and we finalize the brand, we can step forward for trademark application filing. In order to submit the application, we have to file the trademark application form TM – A along with TM – 48 (Power of Attorney). To submit the application for registration it has to be digitally signed. After submitting the application form digitally, the applicant receives a mail acknowledgment with the trademark receipt, it contains our trademark number. With the trademark application number which is received to applicant mail, we can know our application status online at any time on the trademark website.
Trademark Examination:
After successfully submitting our application, the trademark examiners will examine our application with the database. After examining the application he clarifies that there is no similar mark for our application he will accept the application and later publish in the journal. If he found any related similar mark he would raise an Objection.
Objections and Hearing notice:
If the examiner raises the objection, the applicant has to respond to the objections issued by the examiner. Mostly objection may arise for the reason based on the descriptive nature of the trademark or the objection with respect to similarity of the applied trademark with other marks already existing in the record or and compare with the laws by Indian Trademarks Act 1999.
Once we find the reason for the objection we have to prepare the replay and submit with the proper documents if we have. Once the examiner analyses the replay and he is fulfilled with the replay he will accept the application and publish it in the journal.
If he is not fulfilled with the replay and found that it is not the proper replay examiner issues a Hearing Notice. At the stage of hearing the examiner may allot the date for a hearing, we may appeal in front of the examiner with the proof and document, requesting for the approval of the application.
Once he verified the proof and document and he satisfied and approved the application. If the trademark is approved, it is processed for the journal publication as already mentioned. If it is rejected then the applicant has the right to appeal at the IPR appellant board.
Once the trademark application is approved and published in Journal for about 4 months as it’s the final process, at the period of 4 months in Journal we do not have received any opposition from the public then the process becomes easy. Or we received any opposition we have to respond to. After completing the 4 months period in the journal, the examiner will issue the trademark registration certificate.