Businesses across India face many obstacles to survive the competition. IPR infringement has remained one of the fundamental issues for many established firms out there. They often have trouble securing their IP assets, such as taglines, brand names, and logos. There are many instances of infringers breaching IPR assets for monetary and business advantage. Popular and unregistered marks are easy to manipulate, and thus it is vital to provide them with apt legal protection. This is where Trade registration comes into play. It protects the company’s valuable assets and keeps infringers at bay. This write-up will discuss trademark registration in Coimbatore and its legalities.
Process of Securing Trademark Registration in Coimbatore
Following are the steps that will let you avail of trademark registration in Coimbatore without any hassle.
Step 1: Conduct the Trademark Search
Before you file an application for trademark registration in Coimbatore, it is crucial to know whether the given mark or name is unique. For this, you must perform a trademark search on the IP India portal[1]. The said portal is in sync with a trademark database containing vast information concerning registered marks. The trademark search will reveal the prevailing status of your mark (whether it is registered or unregistered) and its uniqueness.
Step 2: File the Application
After the trademark search, it’s time to file an application with the trademark registrar. The applicant can visit the IP India portal for this purpose. During the e-filing of the application, the applicant must attach the following information;
- Logo or the Trademark
- Name and address concerning trademark owner
- Trademark used since the date
- Classification or Trademark Class
- Description of the goods or services
Note: After successfully filing, the portal will generate an acknowledgment number that helps applicants with the application tracking and progress.
Step 3: Mark Checking Via Vienna Codification
The Vienna Classification or Vienna Codification refers to an international classification concerning figurative elements of marks. Once the application for a trademark is filed, the registrar will apply for Vienna codification based on the marks’ figurative elements. During such a phase, the application progress will reflect Sent for Vienna Codification.
Step 4: Trademark Vetting
Once Vienna Codification is completed, the application will make its way to the trademark officer for vetting purposes. The trademark officer shall perform a brief vetting procedure to determine the correctness of the trademark examination report.
If the inspection comes out error-free, the officer shall publish the mark in the trademark journal to invite objections. In case the officer flags some error in the report, the applicant can appear before the concerned officer and correct the mistakes. Furthermore, if any dispute arises, the Intellectual Property Appellate Board is there to resolve the issue.
Step 5: Publication of the Mark in the Trademark Journal
Once the trademark application clears the vetting phase, the proposed mark will make its way to the trademark journal, where it will be accessible to the general public to lodge any objection. The trademark journal contains all the registered marks approved by the Trademark registrar. This will help the applicant to avert any chances of dispute that may arise in the future. If the published mark comes out clean without attracting any objection, it will be registered in a few days or weeks.
However, if any objection comes to light, a hearing will be arranged by the concerned Trademark officer to resolve the dispute between the concerned parties. During the hearing, either party can produce evidence to support their case. The Trademark officer will vet such evidence and accordingly make the judgment whether to accept or reject the proposed mark. The concerned parties can even approach a higher house (Intellectual Property Appellate Board) if they find the officer’s judgment unsatisfactory or inaccurate.
Step 6: Grant of the Trademark Registration in Coimbatore
After clearing the above stages, the trademark application will finally get the registrar’s approval. The applicant shall receive the trademark registration and manuscript from the authority. The issuance of the certificate will affirm that the proposed mark has been registered, and the owner can place the ® symbol next to the mark.
Conclusion
Trademark registration grants exclusive rights to the owner over his mark that restrain others from copying it. It ensures absolute ownership over the IP asset in legal parlance. So this is about the procedure of securing trademark registration in Coimbatore. Keep us posted in case you have doubts regarding the same.
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