PROCEDURE OF LOGO/TRADEMARK/BRAND NAME REGISTRATION

Registering a trademark in India involves several steps to ensure your brand’s identity is legally protected. Here is a detailed guide to the trademark registration process:

Step-by-Step Process of Trademark Registration

Step 1: Trademark Search

• Objective: To ensure that the trademark you want to register is unique and not already in use or registered by another entity.
• Process:
  • Visit the official website of the Controller General of Patents, Designs, and Trademarks (IP India).
  • Use the search tool to check for existing trademarks that are similar to your proposed trademark.
  • Conduct a thorough search to avoid conflicts and potential legal issues.

Step 2: Filing Trademark Application

• Objective: To formally apply for trademark registration.
• Required Information:
  • Applicant’s name and address
  • Description of goods/services for which the trademark is to be used
  • Trademark name/logo
  • Class of the trademark according to the NICE classification (1-45)
  • Power of Attorney if filed through an agent
• Process:
  • File the application online through the IP India Trademark Filing Portal or physically at the Trademark Office.
  • Complete the application form (Form TM-A) and pay the applicable fees.
  • Submit the required documents along with the application.

Step 3: Examination of Application

• Objective: To review the application for any discrepancies or grounds for refusal.
• Process:
  • The Trademark Office examines the application to ensure compliance with the requirements and checks for any conflicts with existing trademarks.
  • An examination report is issued, which may accept the application or raise objections.

Step 4: Response to Examination Report

• Objective: To address any objections raised by the Trademark Office.
• Process:
  • If the examination report contains objections, you must file a response within the specified time (usually 30 days).
  • Provide justifications, documents, or amendments to overcome the objections.

Step 5: Publication in Trademark Journal

• Objective: To invite public opposition to the trademark registration.
• Process:
  • If the application is accepted (either initially or after addressing objections), it is published in the Trademark Journal.
  • The public has 4 months to file an opposition if they believe the trademark should not be registered.

Step 6: Opposition Proceedings (if any)

• Objective: To resolve any oppositions filed against the trademark registration.
• Process:
  • If an opposition is filed, the Trademark Office notifies the applicant.
  • Both parties (the applicant and the opponent) must submit evidence and arguments supporting their case.
  • A hearing may be conducted by the Trademark Registrar to resolve the opposition.
  • If the opposition is resolved in favor of the applicant, the application proceeds to registration. If not, it may be refused.

Step 7: Registration and Issuance of Trademark Certificate

• Objective: To officially register the trademark and issue the certificate.
• Process:
  • If no opposition is filed, or if the opposition is resolved in favor of the applicant, the trademark is registered.
  • A registration certificate is issued by the Trademark Office, granting the applicant exclusive rights to use the trademark.

Key Points to Remember

• Validity: A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods.
• Symbol Usage: After filing the application, you can use the ™ symbol. Once registered, you can use the ® symbol.
• Renewal: File for renewal before the expiry of the 10-year period to maintain the trademark registration.

Documents Required

1. Trademark Application Form (TM-A)
2. Proof of Applicant:
   • For individuals: Aadhaar card, PAN card, etc.
   • For companies: Certificate of incorporation and address proof.
3. Logo or Trademark: If applicable.
4. Power of Attorney: If filed through an agent.
5. User Affidavit: If claiming prior use of the trademark.
6. Proof of Use: If applicable, such as brochures, advertisements, invoices, etc.

By following these steps meticulously and ensuring all required documents and information are provided, you can successfully register a trademark and protect your brand’s identity. It is advisable to consult with a trademark attorney or professional to navigate the process smoothly and address any legal complexities.