Procedure, Renewal & Advantages of Trademark Registration

By registering a trademark under the Trademark Act, 1999, you can take legal action against any exploitation of the mark. An applicant for trademark registration is considered to be the owner of the intellectual property, and he or she can use it to protect the investment in the business. The trademark should be registered, especially if the product is unique in its field. We have explained the process below.

How Can I Register a Trademark?

Anyone claiming ownership of a trademark can apply for trademark registration, be it an individual, a company, or a legal entity. Furthermore, the trademark registration process usually takes 18-24 months. Below are the steps involved in registering your trademark in India

Step 1: Identify the trademark by conducting a search

A trademark should be unique and not be copied from another trademark. The trademark should not be offensive or contain protected symbols. Make sure the trademark you have chosen is not already taken by using the Trademark (TM) Director to check. If the trademark is already taken, you must modify it. The next step is to recognize it as unique.

Step 2: Submit an application

Including all of the necessary documents, prepare a trademark application. If one wishes to file a trademark application, one can either do so manually or electronically. If you choose to file your trademark application manually, you will need to hand the application over to the nearest Registrar Office of Trademarks directly. It usually takes 15 to 20 working days from when the application is filed for the acknowledgment to be received. In the case of e-filing, one can apply using the official online portal to submit an online application.  In general, it usually takes a few hours to receive the acknowledgment once it has been sent. It is from this receipt of acknowledgment that the company is authorized to use the trademark with the TM symbol next to it.

Step 3: Examination of the application

After the trademark application is filed, the examiner will examine the application for any disparities. The examination usually takes between 12 and 18 months. An examiner can accept a trademark application unconditionally or conditionally.

It will publish the trademarks in the Trademark Journal if it can accept them unconditionally. It will be noted in the examination report if it is not acceptable unconditionally. You will have one month to fulfill your obligations.    

Step 4: Publication of Trademark

Publishing the trademark is an integral part of the registration procedure, giving any person who objects to its registration the opportunity to object. Every week, the trademark journal publishes the trademark. If there are substantial grounds for objecting to the trademark publication, the public has the right to object. Third parties have three months from the date of publication of the trademark to file a trademark opposition.  A fair hearing and decision are given by the Registrar in the case of opposition.

Step 5: Registration Certificate

When there is no opposition after three or four months from the publication, it means that the trademark will be registered. Upon the successful completion of the trademark registration, along with the publication in the Trademark Journal, you will receive a registration certificate under the seal of the Trademark office. 

Which People Are Eligible for a Trademark?

According to trademark rules and regulations, all kinds of things can be trademarked, including logos, words, phrases, images, initials, and symbols. The following items can be trademarked:

• Individuals
• Private firms
• Companies (Limited Liability Partnership, OPC Private Limited, Partnership, etc.)

Renewal of a trademark

Registration alone would not be effective in the long run. A trademark is valid for up to ten years. Renewal of the trademark is required after ten years. Your trademark must be renewed before its expiration date. If the renewal application is submitted before the deadline, the trademark will be protected seamlessly without the chance of litigation 

What are the benefits associated with a trademark registration?

1. Legal Protection

Any owner of a registered trademark has the legal right in case of infringement. If you doubt that someone else is using your trademark, you can sue them for imitating your brand name, logo, or slogan.

2. Create an Intangible Asset

If your brand is successful and builds a good reputation, a trademark can be a valuable asset. A trademark is an intangible asset that can be sold, licensed, or franchised. The owner and company both benefit from this.

3. Get Exclusive Rights

If a trademark is registered, its owner would have exclusive rights to the trademark. Moreover, the owner must follow the same trademark process for all products that fall under the same category. The proprietor of the trademarked item also has the right to stop any illegal use of his or her products or services.

4. Applying a Registered Symbol

Once the trademark has been registered, the proprietor or company can use the registered symbol. The logo will be evidence of the trademark registration and will not be available to anyone else. The trademark holder may sue the other party in case of trademark infringement.

5. Promotes Goods and Services

The registration of a trademark represents the face of a company or a product. The purpose of this is to promote the creation of a brand and differentiate it. Meanwhile, trademarks are the most common way for companies to identify themselves. Trademarks play an important role in promoting and enhancing a brand’s value.

Thanks to advances in technology, the trademark registration process can now be completed online quickly. Hence, one can register a trademark online without having to visit the registry office with the help of a trademark attorney.