The brand name can be prevented from unauthorized people or infringement when we register a trademark. The laws and systems are evolved, and now it is easily possible to register a trademark and also it becomes mandatory to carry on trade akin to other trade licenses. It cannot be ruled out that a registered trademark may trump a common law user. Therefore, it is prudent to apply for Trademark registration prior to commence a business.
Register a Trademark in Just Simple Steps
Read our article:How to Identify the Jurisdiction of Trademark Registration in India
Terms to Register a Trademark or a Brand name in India
- The question arises what can be register as a trademark. The large number of features that are indicates a trade origin has to be registered as a trademark. Some of them are:-
- Word Mark: These marks are in form of words such as TATA, HONDA, PEPSI. The word must be typed in an online application.
- Device Mark: These marks have a logo or have the combination of the word and the logo both or any artistic feature. For example: The Honda and the H logo.
- Shape of goods: These shape of goods are not functional or arise on account of nature of goods themselves. Example: A Toblerone bar.
- Packaging: The package of the product is register as a trademark. Example: The wrapper of a biscuit packet.
- Sound Marks: These are sounds that can identify a product such as a marketing tune. Example: Airtel jingle tune. It has to be uploaded in mp3 format.
- Three Dimensional marks: These are marks that show a product has a three-dimensional feature. A .jpg file must be uploaded of the shape.
- It is necessary to fill complete and correct information so that an application is processed faster. An application requires few information which must be filed along with the trademark application:-
- Name and address of an Applicant
- Legal Status of an Applicant however an applicant can be natural person, or a Company. If an Applicant claims for start-up (registered with the Government as a start-up), the certificate must be filed.
- Description of the goods and services is required to be filled in along with identification of the class in accordance with the Nice Classification.
- The nature of an applicant determines the official fee for an application.
- The first date of the trademark is to be mentioned. If a trademark is not used, it can be filed as a Proposed to be used basis. However, if prior use of that particular mark is claimed, then an affidavit along with supporting documents must be filed.
- The government fees for filing a trademark application for the natural person is half of that of an artificial person like the Company. In order to encourage an online filing as, it provides for 10 % discount for filing online vis-à-vis paper filing at Trademark office.
- After filing of an application, it is examined by the Registrar of Trademarks. Presently, the Trademark office appears to be conducting a formal evaluation of the application to verify the formal particulars as well as detailed evaluation of an application.
- At the formal evaluation, and compliances are checked. For example: the authorization from an applicant is filed, for goods or services fall in a particular class or not. Also to check an applicant’s identification and particulars are correct or not, and to check any column while filing the application has been left out or not. Considering that applications are filed by applicants directly by online, it only requires a formal evaluation so that minor defects can be altered at the early stage itself.
- At a detailed evaluation, the applied trademark is compared with prior filed or prior registered trademark under Section 11. An application must be evaluated under Section 9 of Trademarks Act for evaluation on the registrability of the trademark for lack of distinctiveness. It must be checked whether the trademark is barred under Section 13 for being an (INN) International Non-Proprietary Name or barred By a Emblems and Names Act (Prevention of Improper Use) Act, 1950.
- An applicant is given an opportunity to file the written response to the examination report the office objection. If a Registrar is satisfied with a written response, an application is accepted for the advertisement. If the Registrar has any Trademark objection, then an opportunity of hearing is given. If the Registrar is not convinced that the mark is registrable, it can be rejected at the hearing.
- The next stage is advertisement of Trademark in the Trademark Journal for intimation of general public. It can be open for trademark opposition for a period of 4 months from a date of advertisement. The trademark registration certificate issued within few weeks thereafter. However, if the trademark is opposed, then it takes re-verification and the registration depends upon the outcome of trademark opposition proceedings. Considering the abundance of online data and weekly publication of Trademark Journal, it is time to reduce the period.
- A registered trademark has to valid for 10 years from a date of an application filed. It can be renewed anytime within 12 months from the due date of trademark renewal. The Trademark office is completing the entire process within eight to ten months in some cases which are straight forward cases of registration.
Trademark registration in India process does not require much effort. It is the simple process but one which is nonetheless very important for brand name registration. We, at Corpbiz, can help you with the entire process of trademark registration without you worrying about deadlines and responses. Hence, understand the power of your brand name registration and take steps in protecting it today.