Trademark registration process

Trademark Registration Process

Trademark registration provides legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is a long process involving multiple steps. In this article we cover the trademark registration process in India.

Trademark Search

Before beginning the trademark registration process, the entrepreneur or a trademark professional must conduct a trademark search of the trademark database. A trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry.

Trademark Filing

Once a trademark search is completed, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. Trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online.

A trademark registration application must contain the following information:

• Logo or the Trademark
• Name and address of the trademark owner
• Classification
• Trademark used since date
• Descripttion of the goods or services

Trademark Application Allotment

Once the Trademark registration application is filed with the Trademark Registrar, a trademark application allotment number is provided within one or two working days. Typically, on obtaining trademark application allotment number, the owner of the trademark can affix the TM symbol next to the logo.

Vienna Codification

The Vienna Classification or Vienna Codification, is an international classification of the figurative elements of marks. Once the trademark registration application is filed, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.

Trademark Examination

Once Vienna Codification is completed, the trademark registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.

Trademark Journal Publication

Once the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks – months’ time.

Trademark Registration

Once there are no objections or oppositions for the trademark registration application, the trademark manuscriptt and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or trademark.

Trademark Registration Process Flowchart

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