Intellectual Property

PROCEDURE OF FILING OF TRADEMARK APPLICATION

procedure of trademark registration
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Written by:-  MEDHA R LAXMI, 3rd YEAR STUDENT OF NLU, BHOPAL

Procedure of filing of trademark application, examination of the trademark, publication or advertisement of the trademark, opposition (objections) if raised/found, registration of the trademark, and renewal of the trademark every ten years are all steps in the process of getting a trademark registered. The steps involved are:
Step 1: To search for a trademark 

When selecting a trademark, the applicant must exercise caution. Because there are so many various types of trademarks accessible, it is critical to conduct a public search on the Trade Marks Registry’s trademarks database to ensure that the trademark is original and that no other trademarks are similar or identical to his or hers.

The trademark search reveals all types of trademarks, both registered and unregistered, that are currently available on the market. The search also determines whether the applied trademark is in competition with other trademarks in the same class.

Step 2: To file the trademark application

The trademark registration application can be filed in a single-class or multi-class format, depending on the goods and services that the company provides.

The trademark registration application is Form TM- A, which can be filed electronically through the official IP India website or in person at the Trade Marks Office, depending on the trademark’s jurisdiction.

Multiple papers containing complete details of the trademark for which registration is sought must be submitted with the trademark registration application. Furthermore, if the applicant claims prior use of the trademark, a user affidavit supporting the use, as well as documentation of the prior use, must be filed.

Step 3: Examination of the trademark application by the government authority

After an exhaustive examination of the trademark application in accordance with the rules of the Trade Marks Act, 2016, the Examiner is required to issue an obligatory examination report following the filing of the trademark application.

The authority’s examination report may or may not reveal any objections, which can be absolute, relative, or procedural. The Trademark Authority issues this examination report within 30 days of the filing of the registration application.

Within 30 days of obtaining the examination report, a reaction to the report must be filed presenting the arguments and evidence against any objections to waive them off.

Step 4: Post-examination

If the Examiner (Trademark Authority) is not completely pleased with the reply filed or if the objections are not addressed, the Examiner (Trademark Authority) may schedule a hearing. After the hearing, the Examiner may accept the mark and then transmit the application to the journal for publication, or reject the application if any objections remain.  

Step 5: Advertisement of the trademark 

When a trademark registration application is approved, it is advertised and published in the Trade Marks Journal for a period of four months. The purpose of the publication and advertisement is to encourage the general public to file an opposition to the mark’s registration.

The Trade Marks Journal can be found on the official Registry website, which is updated weekly on Mondays.

Step 6: Opposition from the general public

Any aggrieved party can file a notice to dispute the registration of the advertised/published trademark once it has been advertised and published in the journal. This opposition notification must be filed using Form TM- O within four months of the trademark’s publication in the Trademark Journal. If a trademark application is contested or objected to, the proper legal procedure must be followed, which includes filing a counter-statement application, providing proof, and holding a hearing in order to have the trademark registered.

Step 7: Registration of the trademark

The final step in the process is registration, which occurs once the application has overcome any objections and/or opposition to the trademark registration.

Furthermore, if no objections to the trademark’s registration were raised throughout the four-month advertisement/publication period, the trademark is awarded an auto-generated registration certificate within one week. After the registration is completed, it is valid for ten years, after which it must be renewed within a specified time period.

Documents required for a trademark registration

In India, any person (applicant), whether an Indian or a foreign national, can easily register a trademark. Because registering a trademark does not necessitate the formation of a legal or business entity. Aside from that, the paperwork required to register a trademark in a proprietorship’s name are identical to those required to register a trademark in an individual’s name, as follows:

  • Copy of the proposed logo, ideally in black and white (which is optional). However, in case the logo is not provided, the trademark application can be filed for the word.
  • Duly signed Form- 48. This form is an authorisation from the applicant to a Trademark Attorney to file the trademark registration application on his/ her behalf.
  • Copy of the identity proof of the individual applicant or the proprietor which may include: passport, aadhar card, PAN card, etc.
  • Copy of the address proof of the individual applicant or the proprietor which may include latest electricity bill, phone bill, etc.
Documents required in partnership / LLP / company – Small Enterprises or Start-ups

The trademark registration charge in India ranges from Rs. 4500 to Rs. 9500.

The cheaper trademark registration charge of Rs. 4500 applies to start-ups, small businesses, individuals, and sole proprietorships, while the government-set trademark registration fee of Rs. 9500 applies to all other business entities.

Individual applicants must now produce the Udyog Aadhar registration certificate in order to be classified as a small business. The following information is also required in addition to the Udyog Aadhar registration.

Partnership / Company / LLP

In the event of a partnership firm or an LLP, the entrepreneur/ applicant is required to submit the following documents:

  • Scanned copy of the logo (optional)
  • Duly signed Form- 48
  • Udyog Aadhar Registration Certificate
  • Partnership Deed or the Incorporation Certificate
  • Copy of identity proof of signatory/ applicant
  • Copy of address proof of signatory/ applicant
Documents required for other applicants in a trademark registration

All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.

  • Scanned copy of the logo (optional)
  • Duly signed Form- 48
  • Partnership Deed or the Incorporation Certificate
  • Copy of identity proof of signatory/ applicant
  • Copy of address proof of signatory/ applicant

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