Internationally, the process is very similar with slight differences; however, in the US, the USPTO is the authority for the entire process. As part of the trademark registration process, you prepare the following documents to file an application expressing interest in registering the trademark:
Check your Trademarks:
It is necessary to conduct a thorough search in the Trademark registry database before filing the trademark application in order to avoid possible objections or infringements in the future.
To begin with, a preliminary search is performed to identify marks that are visually or phonetically similar.
As a second step, professional attorneys should conduct a comprehensive search since they have access to numerous databases such as company names, state trademarks, publications, domain name databases, and social media search engines to eliminate objectionable concerns in a broader scope.
The Trademark Image Search is scale, position, and background invariant. Besides just words, it compares logos on the basis of visual similarities, design copies, or its uniqueness.
In addition, the application is required to include details such as the name of the applicant, and the applicant’s entity; for example, a partnership, company, LLP, or LLC. Applicants should identify the representative – the person filing on their behalf – as well as the name and description of the trademark. For example, the type of mark applied for, the date the mark began to be used within India or outside India, etc. Mark description. Goods or services covered by the mark.
Class and document searches: How to apply for a trademark:
iii) From 45 classes, choose the right class(es) for your company. You will be assisted in selecting the lessons that address each element of your business, by our professionals. The process of uploading the trademark registration papers can be started simultaneously on your dashboard (see list below). Once you’ve uploaded all of your papers, our staff will review and verify them. You will then be provided with a trademark application form and all the necessary documents shall be submitted to the Registrar on your behalf. We will ensure that your Several errors have been found in the application. It is accurate and error-free. Using e-filing or speed post, it must then be filed with the trademark office with the necessary form. Multiple classes can be claimed with a single application.
Application for a trademark: Particulars before filing:
It is mandatory to submit handwritten, printed, or typewritten application documents in Hindi or English, with the applicant’s signature with a date or the authority filing on behalf of the applicant, the date and place of filing, and digital signatures if the application is being emailed.
It must be signed by each applicant if an agent or attorney is not filing the trademark on behalf of more than one person. It costs 5000 rupees for individuals offline in India. There are 4500 under the e-filing process, while the number for companies is 10,000 and 9,000, respectively.
The registrar will then process the trademark application and pass it through several stages before it is registered, including:
Objections: The trademark examiner may notice problems or technical issues with your trademark registration, including the filing of the wrong trademark form, the incorrect name or details, the use of deceptive or offensive terms, the absence of sufficient information about the goods or services, or the existence of similar or identical trademarks. Within 30 days, a response must be filed. A hearing may be held if the claims are not satisfactory.
If a trademark has been published in a journal, the opposition may be filed by third parties who believe the trademark may adversely affect their own. To counter the Registrar’s objection, the applicant must submit a rebuttal statement within two months.
Upon receiving a counter-reply unsatisfactory to the claim, both sides hold a hearing in which they present their arguments. A judgment is also issued. It can be challenged by the Intellectual Property Appellate Board within three months of the filing date.