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What is Trademark Registration

What is Trademark Registration

Trademark Registration can be obtained for a business name, distinctive catchphrases, taglines or captions. Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike, and Adidas serve as an indication of the origin of the goods as well as an indication of quality. 

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM, and ® Symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered. 

Process of Trademark Registration

  • Filing Application for Trademark

As soon as the Trademark search is done, you need to file the application of Trademark registration. The application for registering a Trademark should be filled properly and with required fees. You can visit the Online Trademark registration portal to get easy service.

  • Trademark Application allotment

As soon as you file the trademark application with the Trademark registrar, a number is allotted to you within two working days. You can also track your trademark application with the help of an Online trademark search. When the trademark application number is allotted the applicant is liable to use ™ symbol beside the logo.

  • Scanning and Vienna Codification

Vienna classification or codification is the most important procedure in trademark registration. It is an international classification of elements of the mark. The trademark registrar will send your document to the Vienna classification.

  • Examination and Examination Report Dispatched

After your trademark is sent for the Vienna Classification, the Trademark Officer will look at your trademark utilizing certain methods and rules. The officer has the privilege to acknowledge the applications or out forward commitments.

  • Accepted/ Objected

The registrar looks after every detail which is given by the applicant. The major motto is that the trademark should not be similar to already existing trademarks. The applicant can be accepted as well as rejected which means objected. If the application is accepted, the registration procedure can proceed further. In case the trademark is not registered properly, the applicant will be visible with the symbol or status on an object. The objection is done by the registrar in case he finds any similarity in the logo, compared with an existing trademark.

  • Show Cause Hearing (If not accepted)

Show cause hearing is shown when there are certain objections raised by other parties to which the response provided is not satisfactory to the Registrar. The Registrar calls upon the Applicant who is the proprietor or the trademark agent/trademark attorney to attend the hearing. This would be given in the form of a notice to the proprietor or his agent. The proprietor would be expected to showcase the reasons as to why the mark should not be refused from being fixed. 

  • Refused/Accepted

As soon as the showcase hearing is done. The application can be accepted or else it can be refused or abandoned. In case it is refused or abandoned the second time then the application is sent to the Intellectual Property Appellate Board.

  • Journal Publication (If accepted)

As soon as the application for registering a trademark is accepted, the applicant will get this status, which means that the trademark is published in the journal such as Manuscript, Hindi Translation, Scanning, Composing. This step will help the opposition to take an initiative and find if there are any similarities in the trademark.

  • Await for Opposition

When the application is published in the journal, the applicant needs to wait for some time. This time period is given to the opposition to take any objection. In case they found any similarity with existing trademarks.

  • Registration/Opposition

The application can be registered or opposed. Once it's registered then the entire registration procedure (Manuscript, checking, preparation of registration, certificates, checking for associated marks) will be done. Once it's registered, it can be renewed, posted and changes can be done.

In case the application is opposed then the hearing will be taken by hearing officers, which can lead to accepted status or else they find any issue it can also be rejected. In the end, the application is rejected at the last stage, it is directly forwarded to the Intellectual Property Appellate Board.

The trademark registration process is very complicated but you can simplify by visiting the Online Trademark Registration website to get expert’s advice and also complete the procedure with ease.

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