Trademark Registration Procedure
by Sowmiya Narayanan Business Consultant
A trademark is
a visual symbol which may be a word to indicate the source of the goods, a
signature, name, device, label, numerals, or combination of colors used,
or services, or other articles of commerce to distinguish it from other similar
goods or service originating from another.
Trademark Registration Procedure:
The process for registration of the trademark can be carried out
by the business owner or his/her representative. The registration
process can be described in the following steps.
A trademark search is a review of various information, including
trademark databases, and occasionally commercial and marketplace resources, typically
designed to determine whether a particular trademark is available for (a) use
without risk of infringement of the rights of a prior user or registrant, and
(b) registration, referring to the criteria for registrable trademarks under
It is highly recommended to conduct a trademark search before
filing for a trademark registration application to ensure that there is not a
prior existing mark similar to yours that could prevent your mark obtaining
Once it is found out that the proposed trademark does not conflict
with any other trademarks available at the Registry, a trademark application is
filed at the Trademark Office. Now the Trademark application can be
filed for more than one class of goods in one application. An application with
priority rights shall be filed within 6 months from the date of initial grant
of the registration application of the mark in other country.
After filing, Trade Marks Registry will then examine the mark to
ensure it meets the requirements for registrability in India. Examination
currently occurs around 8-10 months after filing the application, however it is
possible to request an expedited examination by paying extra government fees.
If the Registrar objects or wants fulfillment of certain
conditions, a Response is sought from the Applicant. After the filing of the
Response, if the same is accepted, the Trademark proceeds for publication in
the Trademark Journal. If the Response is not accepted, a hearing can be
requested. At the hearing, the Registrar may allow for the registration or
reject it absolutely. If the Registrar allows, the Trademark proceeds for
publication in the Trademark Journal.
When the Trademark is advertised in the Trademark Journal, then
third party can oppose the registration of the Trademark within the 3 months
from the date of the Trademark journal made available to the public. Normally
the following person opposes the registration of Trademark.
The owner of an earlier
Trademark application or registration covering a similar Trademark for similar
A person who has used the same
or a similar Trademark prior to the client, but who has not sought registration
of the Trademark.
If there are no oppositions within 4 months from the date of
advertisement in the Trade Marks Journal, then the trademark registration
certificate will issue. Once registered a trademark will be valid for 10 years
thereafter it can be renewed for another 10 years upon paying the government
The registered trade mark continues
to enjoy all the rights which vest in an unregistered trade mark. By
registration the proprietor of an unregistered trade mark is converted into
proprietor of the registered trade mark.
To know more about trademark
registration at http://www.dobizindia.com/trademark-registration/
Created on Dec 31st 1969 19:00. Viewed 0 times.