Process of Filing & Acquiring a Trademark

Every company across the globe can be identified by their trademarks. Be it KFC, McDonald’s, Volkswagon, Ferrari etc., every company has the unique identification that distinguishes it from other brands. Similarly, small scale companies, too, have their unique trademarks. A trademark is a symbol comprising alphabets, numerical or both that represents the identity of a brand. For every company, getting its trademark registered is an essential procedure. The trademark registration and filing procedures are governed by the Trade Marks Amendment Authority. A registered trademark ensures the prevention of the fraudulent usage of any service or product. Not everyone is familiar with the process of trademark registration. Read on and find out how to get a trademark registered in India.

Trademark Registration: The Initial Procedure
Prior to the commencement of the trademark process, the company representative requires conducting a trademark search in the database maintained by the authority. This process provides complete information about the pre-registered trademarks that are identical. It helps in eliminating the chances of the application refusal. One has to fill and submit Form 48 to provide an attorney with the authority to file the application for the trademark. Other essential documents include:

·    A certificate of incorporation
·    Udyog Aadhaar Registration certificate

Not to forget, the application for the Form 48 must carry the information like the description of goods & services, the date from which trademark is being used, trademark class, and the name of the owner.

Allotment of The Trademark Application Number
Every trademark filed for the approval by the registrar is provided with an application number. It is usually provided within a couple of working days (national holidays/festivals excluded). After the provision of an application number, the service/brand can add the ™ along with the logo. Once the procedure of filing is completed, the applications for the same will be forwarded to be processed by the Indian Government which usually takes a year for complete implementation.

Publication in The Trademark Journal
When the trademark application is accepted by the government, it is entered in the journal for 90 days. The journal is published weekly and enlists all the trademarks applications approved by the registrar. During this duration, an objection can be raised in case someone finds a similarity between two logos for the registration. The opposing application & counterparty would be provided an opportunity for the clarification by the trademark registrar.

Trademark Registration Certificate
When there are zero objections for the application, the trademark registration certificate is prepared and sent for the approval. Once stamped by the authorities, it becomes the official patent by the owner. Since it is registered as a trademark, the owner can use ® logo with the trademark.

Final Words
Trademark registration procedure in India is usually a long procedure. It usually takes several weeks for the approval of the application. Moreover, the plea gets rejected in the case of an objection raised. Though the journey from ™ logo to ® is time-consuming, it ensures the safety of the rights of owners. Trademark registration ensures that no fraudulence happens in the name of a brand.

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