Overview:
The last step in the process of trademark registration is the registration itself. Once the application is free of all objections and oppositions, the mark or the brand is now ready to be registered. The trademark registration is valid up to 10 years from the date of filing, and once registered, the registration certificate is issued to the concerned proprietor of the brand.
Benefits of Brand/trademark Registration:
You can use the symbol ® for trademark or brand.
You can invest and build brand value and credibility in the market for the registered trademark/brand.
It appeals to prospective clients and customers.
Helps in the expansion of business and growth.
Easy to identify and associate.
Exclusive Rights to the Brand Name & Logo in the market.
You can initiate both civil and criminal action against perpetrators.
Brand registration gives the legal right of ownership over the brand.
Statutory rights over the mark can be claimed.
Exclusive license to sell, trade-in, lease, and assign the brand.
Constructive notice of ownership of the trademark.
Protection to unregistered brands:
Precisely to be mentioned here is that Indian Trademark law protects the rights of the registered owners and bestows its shield of protection to the unregistered brands in the way of providing them common law remedy of passing off.
If the rights of the unregistered brand are infringed, an action of passing off can be contested against the infringer for the misuse of the brand. Section 27(2) is the umbrella provision laying down the guidelines for initiating passing off claims against such practices.
Requirements to Register a Trademark Online
In order to register your trademark with us, please click the link below. You can also get in touch with us and our trademark expert will guide you through the process.
Trademark Registration Process- in a nutshell:
Filing of the Application: Trademark Applications can be filed in single or multiple classes. A separate application for each class has to be made to apply for a trademark in different classes. The applications cannot be combined.
Issue of Application number: Upon filing the application, the registry will issue an application number, which will be used for future references.
Formality Check: After accepting the application, the registry will scrutinise the application for Formality Check, in which the Registry will issue conduct the Preliminary Check to ensure that the application is filed in a prescribed manner.
Examination: The Registry will now check for Section 9 and 11 objections- Absolute Grounds and Relative Grounds to ensure the mark to be registered satisfies the criteria for registration. Based on the examination, the registry will issue the examination report.
Reply to the examination report: The Applicant will be required to file the reply within 30 days from the date of issue of the examination report upon receiving the examination report.
Hearing: If the registrar is satisfied with the reply, they shall accept and advertise the mark. If not, they will fix a date of hearing on which the applicant will have to appear before the registrar. If, during the hearing, the registrar accepts, the mark will be advertised.
Publication: Upon acceptance of the mark, the mark will be published in the trademark journal to call for third-part opposition.
Registration: If no opposition is filed, the mark will be accepted, and a registration certificate will be issued to the applicant.
Duration of Registration:
The trademark registration is valid for upto ten years, after which renewal should be filed.
Game of Symbols- Trademark Designation
Following are the common symbols found across the brands:
T<<- Signifies trademark registered brands in respect of goods and services. Using the symbol tm unless the mark is registered is unlawful.
Tm- The symbol ™ can depict unregistered trademark brands. Using the symbol simply means that the proprietor of the mark claims to be the owner of the brand.
Timelines for registration:
Section 23 of the Trademark Act, 1999, provides for the registration of a trademark. The said section was amended in the year 2010, adding a new clause/provision for registration of trademark within 9 to 12 months from the date of filing of the application. The registration certificate is issued after the successful completion of the trademark application process. The status of the trademark is changed from “Accepted” to “Registered.”
The practical timeline as given in the Act is
Application to Formality check/ Objection Clearance – 3 to 6 months
Advertisement to Registration- 4 months (if no oppositions are filed)
Advertisement to Registration- 6-8months (if oppositions are filed)
Modification or corrections in Trademark Registration Certificate:
In case any error clerical or otherwise is found in the registration certificate, the registrar may take all necessary steps to amend the register or certificate of registration for the purpose of correcting the clerical or obvious mistakes.
