Trademark/Brand Registration In India

Logos, designs and taglines that are used as brand identities for representing businesses are protected as trademarks. In layman terms, trademarks are unique signs that are used to identify goods or services from a certain company. They are several steps that are included in trademark registration, which are as follows:-

1. Search of Trademark:  Many people do not understand the importance of this step. It doesn’t matter that you have a unique name for your business. It’s still important for you to go through this step.  TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands.  A trademark search can be done through by the applicant on website of “IP India”, but it’s always advisable to consult a professional for the same.

2. Application of Trademark:  After finding the right name for your brand you can go for trademark registration. But it doesn’t mean after application yours registration is done. If you file an application for trademark you can use ™ i.e. TM Symbol on the top of applied name or logo. Which represents that, you have filed an application for registration with “Trademark Registry of India”.

Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.

3. Modification of Trademark: Only in some cases modification is required, department will send you notice related to concerned modification, if any observed during formalities check and after that you have to file modifications according to that. Department will not proceeds your application without filing of modification.

4. Objection or examination report from department: Objection will send by the department in “Examination Report” and applicant have to reply in respect of this report. The Government trademark examiner can object to a trademark registration application by seeking valid explanations about the mark. There are two sections in which all of the objection usually occurred:-

• section 9 of Trademark Act, 1999
• Section 11 of Trademark Act, 1999

After that, two things can be happen either your trademark can be “Accepted” for advertisement or you can go on next step.

5. Hearing: Now this is the next step, if department is not satisfy with the above mentioned reply to examination report, a hearing date will be scheduled. Trademark hearing is nothing but an appearance before the registrar of trademarks either in person or through trademark agent or trademark attorney for removing the objections raised under examination report issued earlier. After hearing department can either approve your application or reject the application.

6. Third Party Objection:  If department has accepted your application, they will publish your application details in “Trademark Journal” for a specific period (generally four months). At this period of time any third party can raise objection against your trademark. Now department will send his objection to you and you have to file reply of third party objection to the department along with fees. Now department will decide that your application will accept or not.

After the successful registration you can use you can ® on the top of the name or logo.

TRADEMARK APPLICATION PROCEDURE AND PROSECUTION FLOWCHART IN INDIA

In nutshell the following Flowchart enumerates the various steps involved in filing and prosecution of a trademark application in India: