How Does Online Trademark Registration Work? – Trademark Registration in Trichy
How Does Online Trademark Registration Work?
It requires to have lot of hard work and resources to build a brand. Therefore, it is important to ensure that you have exclusive ownership to use the logo, motto, shape and packaging of the goods, sound, smell, colour combinations or anything else that gives your brand a distinct identity. The Trademark Act, 1999 allows to register a trademark in India. It paves the way for exclusive ownership rights and restricts its use to everyone else and benefits the owner of the registered mark there. How Does Online Trademark Registration Work? – Trademark Registration in Trichy is what we are going to be discussed in this article.
Application for logo registration can be done online. As soon as the application arrives, one can start using the “TM” symbol. However, the TM registration process takes 15-18 months. It involves various procedures for the recognition of the original ownership of the sign. Consider this – one can now take advantage of trademarks for unconventional marks, through which one can now register as a trademark in India.
Documents for Trademark registration in India
- Details such as name, nationality and address of the applicant.
- Certificate of investment in case of company or LLP.
- In the case of a company that is eligible for a lower filing fee, the industry may refer to Aadhar registration.
- A detailed description of the goods or services represented by the trademark.
- The trademark application must specify a trademark class (out of a total of 45 trademark classes), but a multi-class (class 99) trademark application for Trademark registration in trichy may also file.
- The form should be signed by the applicant in TM-48 format with power of attorney.
Step 1 – Application for Registration to the Registrar
In the first step, the applicant has to make a definite search related to the trademark. Even if the name of a trademark is unique and exclusive, it does not mean that it is unnecessary to search for such a trademark. So the applicant has to proceed in the process for trademark search. Searching defeats any unwanted lawsuits that waste the applicant’s time. Therefore, it is crucial to conduct a trademark search. So the applicant has to go to the following website for trademark registration process in India (http://www.ipindia.nic.in/)
Step 2 – File in the trademarks registry within the regional limits
After searching for your brand name or logo for your trademark, you must consider filing an application in the trademark registry within the specified territorial limits of the work. Usually the process nowadays happens online. However, such application process can also be done offline. So the process of trademark registration in India can be done offline, fly and be online. Process The following link for online process should be considered for trademark registration in India.
Step 3 – Even after the acceptance of the application before registration, the Registrar may withdraw the acceptance after hearing the applicant
In the next step of the trademark registration process in India, the Registrar may withdraw the acceptance of the application after hearing the applicant. This will usually be processed before the trademark is registered.
Step 4 – After acceptance, the application is announced by the Registrar
Once the application for trademark is accepted by the Registrar, it is announced in the publications of the trademark office fee. During this process, the tester will check the above application for any discrepancies. This process usually takes about 12 to 18 months. Upon completion of such process, the trademark examiner may either accept the application conditionally, reject the application, or object to such application. If the trademark application is accepted by the examiner, it will be placed for advertisement in the same relevant journal.
If, after examination, the application is accepted or not accepted with certain conditions, the same will be notified to the applicant. After such process the applicant will be provided one month to fulfil all the conditions mentioned in the trademark examination report. The applicant must meet the conditions stated in the report.
Only when the conditions are met by the applicant, will the trademark or logo be published. However, the applicant may make an appeal regarding trademark registration in trichy after the hearing if the registry thinks that such trademark should be allowed to be published in the journal, the same must be allowed.
Step 5 – Other parties may escalate the protest within 3 months of the announcement
When a trademark or logo is published in a journal, it will be opposed by any third-party. Usually the period allotted for trademark protests after publication is 3 to 4 months. However, after three-four months of publication, then there is no form of protest, then it will be considered for registration. Assuming that any objections are raised during the month of, the same will be heard before the trademark registry for trademark registration.
Step 6 – The registrar can allow for updates and refinements, if any
After completing the above step, the Registrar will go for the trademark registration process. This step is crucial for the applicant in the process of securing the certificate of trademark registration.
Step 7 – The applicant receives a certificate of registration along the seal of the trademark registry
After the above process is completed, the application will go for processing of the trademark registry. The trademark registry here will issue a seal of the trademark registry on the certificate of trademark registration closure. This seal will be proof of official trademark registration for a particular brand or logo.
Step 8 – Registration is granted
When the applicant receives a certificate of registration from the Registrar of Trademarks, the trademark related registration process is given to the applicant. Once the trademark is approved it will remain with the applicant for a period of 10 years. This is known as the validation of the trademark application. After 10 years, the trademark can be renewed.Therefore, with the above process of trademark registration, the trademark can be protected.
Right to Prompt and Strict Legal Action: — Only the owner of a properly registered trademark can sue any accused infringer, and thus claim financial and other compensation for the damaged reputation and commercial damage.
Basis for foreign registration: — Trademark registration in any country, say India, forms the basis for trademark registration in foreign countries desired to expand one’s business.