WHAT IS A TRADEMARK?
Trademark refers to a brand name. It can be in the form of a symbol, name, or slogan that distinguishes a product or business from its competitors. Trademarks are generally considered a form of intellectual property and may be registered. Using a trademark prevents others from using a company or individual’s products or services without their permission. They also prohibit any marks that have a likelihood of confusion with an existing one.
VALIDITY
The registered trademark serves valid for a period of 10 years and can be renewed within six months from the expiration date upon payment of nominal fees.
PROCEDURE
- Select a trademark agent –
Proprietors are allowed to file a trademark application if their place of business is in India. It can be done by appointing an agent or attorney. They usually take care of the trivialities such as searching, preparing, filing and prosecution of the trademark.
- Determination of eligibility and availability –
Search for whether the trademark is eligible for registration and conducting a clearance search; the entrepreneur or a trademark professional must conduct a trademark search on the database. A trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry. A trademark search can be conducted by visiting the Trademark Registrar Website.
- Completing the application form and filing –
The proprietor or trademark agent/professional/attorney shall fill and submit the form (Form TM-1). The form will require details such as name and address of the proprietor, a description of the goods and services associated with the mark, whether the mark is in use and a copy of the mark.
Once the trademark registration application is filed with the trademark Registrar, a trademark application allotment number is provided within one or two working days. The trademark application can also then be tracked online through the Online Trademark Search facility.
- Verification by the trademark office –
The Registrar will verify whether the proposed mark is contradicting with the registered marks. This step is referred to as Vienna Classification or Vienna Codification, 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 trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.
Besides, the Registrar will also look into pending applications to ensure that no application seeks an identical request.
- Review of application, Hearings and Appeal –
Once Vienna Codification is completed, the trademark registration application will be allotted to a trademark officer in the trademark Registrar office. The trademark officer would then review the application for correctness and issue a trademark examination report within one month. The trademark officer has the ability to accept or object the trademark registration application.
If the trademark registration application is objected by the officer, the trademark applicant has the right to appear before the officer and address the objections (show cause hearing). If the officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication.
In case the 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.
If the trademark is registered, the application number becomes the registration number.
- Registration of trademark –
Within the term of three months of publication in the Trademarks Journal, if not opposed by a third party, the trademark will proceed for registration and the trademark authority will proceed to give a registration certificate, within 6 to 10 months. In case of any objection, the process may be delayed for a couple of months.
Approximately, 8 to 9 months is required for the issuance of a trademark certificate from the date of publication in the trademark journal. The required trademark would remain legally valid for 10 years, and after that, it can be renewed.
CONCLUSION
Trademarks are a cost-effective way of advertising your business. A trademark usually takes 2-3 years to get registered, if the trademark is not being opposed by a third party. It is important to register a trademark as soon as possible.
