Every business starts with an idea. And when it takes a tangible form, its protection becomes the utmost priority for its owner. If you have recently established a business in the Noida region, you must be worrying about how to ensure legal protection for your invaluable assets name, brand name, and logo. This article will take a detailed walkthrough of the process concerning Trademark registration in Noida and some allied facts. Scroll down to check the detailed process of Trademark Registration in Noida.
What is a Trademark?
In legal parlance, the trademark refers to intangible company assets such as brand name, logo, and even tagline. Primarily, a trademark serves as a source identifier for a particular product or service.
Trademark helps instil a unique market presence for a product or service offered by the company. With a trademark in place, it becomes easier for customers to distinguish a particular product or service from the rest.
What Are The Benefits Of Using Trademark Registration?
You become a trademark owner once you commence using the trademark with your offerings. But the lack of trademark registration can restrain you from accessing the nationwide rights.
What this means in a legal context is that the lack of legal rights can allow others to use your mark without your permission- and there is nothing you can do to stop them except personally request them.
With trademark registration, the scope of your legal protection gets expanded and becomes more robust. Incidents like counterfeiting of products or services would cease to exist if you timely secure the trademark protection. Now let’s discuss the process of Trademark Registration in Noida.
Process of Trademark Registration in Noida
Trademark protection can be secured for a logo, words, slogan, numerals, and so on. Soon after securing trademark registration, the applicant becomes the exclusive owner of the mark in question – which means nobody can use it without the owner’s permission. Following is the step by step process of Trademark Registration in Noida:
Step 1: Perform a Trademark Search
Before you start the process of Trademark Registration in Noida, you must perform a trademark search on the IP India portal[1]. A Trademark search will display information about registered marks that appear to be identical to yours if any. Avoid skipping this step as it can help you avert any chance of application rejection that may occur further in the process of Trademark Registration in Noida.
Step 2: File Application for Trademark Registration In Noida
Once you successfully complete the trademark search, proceed to file the trademark application with the trademark registrar. Choose the prescribed form for this purpose and fill it out as required. There is an offline and online mode for filing a trademark application in India. You can either approach one of the five registrar offices or head to the online portal to serve this purpose.
While filing the trademark application, make sure to enclose the given details without fail:
- Name and address of the trademark owner
- Logo or the Trademark
- Timeline for which a mark has been in use
- Classification or Trademark Class
- Description of the goods or services
The successful filing will lead to the grant of the trademark application allotment number, which will enable the applicant to use the ™ symbol next to their mark.
Step 3: Mark Verification via Vienna Codification
The Vienna Classification or Vienna Codification refers to an international classification concerning figurative elements of marks. Post trademark application submission, the Trademark Registrar will proceed with Vienna codification to determine the mark’s authenticity based on the figurative elements.
The registrar will tag the application status as “Sent for Vienna Codification” as long as this process stays in effect.
Step 4: Trademark Examination
As soon as the preceding step completes, the trademark registrar will assign the application to the concerned trademark officer for performing further legal checks. The trademark officer shall conduct in-depth vetting of the application for accuracy and prepare a trademark examination report.
Based on the legal checks, the officer can either accept the application and publish it in the trademark journal or object to the same.
If the application encounters any objections, the chance will be given to the applicant to reconcile the situation by appearing before the Trademark Officer.
If the Trademark Officer finds the applicant’s responses satisfactory, the proposed mark shall be published in the Trademark journal.
Conversely, if the officer finds the applicant’s responses unsatisfactory, the applicant can approach the Intellectual Property Appellate Board to resolve their case.
Step 5: Publication of Proposed Mark in the Trademark Journal
Once the registrar gets assured that the application is correct and free from legal error, the phase of mark publication in the Trademark Journal will come into effect.
The trademark journal refers to an extensive database of registered marks that have been approved by the registrar. The publication in the trademark journal allows the third party to object to the proposed mark if it appears to be legally unfit. If the proposed mark fails to attract any objection for a period of 90 days, the registrar will register the mark.
Likewise, if it is found that someone has opposed the mark on some legal grounds, a hearing shall be conducted by the concerned officer in the trademark office.
Both the parties in question shall have the right to provide justifications and submit evidence to support their case. The Trademark hearing officer shall take such evidence into account to conclude whether to approve or reject the trademark application.
Step 6: Grant of Trademark Registration
After the successful completion of the preceding step, the registrar shall prepare and grant the trademark manuscript and registration to the applicant. Post this, the applicant shall become eligible to use the ® symbol next to the logo or trademark.
Conclusion
In conclusion, we can say that Trademark registration in Noida or anywhere else plays a vital role in protecting the invaluable company’s assets. By following the above process of Trademark Registration in Noida, you can get this registration with minimal to zero hassle. In case you need some assistance, get on board with Corpbiz and leave the rest to our experts.
Read Our Article: How Can You Apply For Online Trademark Registration In India?
