Trademark Registration TM Application Online

A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under Indian law. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration. The process for trademark registration has various steps, and it is essential to hire an expert for trademark filing to ensure a seamless process.

A trademark application can be filed by any person or legal entity in India. The mark does not necessarily have to be used before applying for registration although a prior used mark improves the chances of registration. Foreign nationals and foreign entities can also file trademark applications in India and secure registration without additional requirements.

Trademark Search Report (Availability Check)

Performing a trademark [TM] search is a crucial step before adopting a trademark. Trademarks are sought to protect the identity of a business /company. When a TM search is conducted, the possibility of a trademark being similar to an existing trademark is checked.
Individuals and companies who fail to perform a TM search early on often regret it later when they find themselves embroiled in expensive legal disputes or in situations when they are compelled to change their trademark, both of which could have been easily avoided with a simple TM search.

Why Trademarks are Abandoned

The trade mark status in the Indian Trade Mark Registry website shows as “Abandoned” when the applicant failed to respond within the stipulated time period prescribed under the Act. Effectively, the trade mark application is not in force.

The trade mark application could be “Abandoned” due to lack of prosecution by the Applicant such as when:

1. No response has been filed to a deficiency letter within the stipulated period of one month from receipt of the letter

2. No response has been filed to an examination report within the stipulated period of one month from receipt of the examination report

3. Show-cause hearing has not been attended when the hearing was posted

4. Counter statement has not been filed within 2 months from receipt of notice of opposition

80% of the Trade Marks filed for registration are abandoned (finished) due to the non-filing of replies to the department's objections. Consultants charge a very nominal amount for Trade Mark registration due to the level of competition in the market. Non-awareness of clients regarding the process of Trade Mark registration including filing replies is also equally responsible. Clients do not want to pay fees for filing replies as they deem it useless and consultants are also not willing to file it due to non-payment. But, we always include the fees of filing a reply in the price of filing a Trade Mark application (whatsoever amount we charge for filing an application) for the simple reason that we do not want to get the Trade Mark abandoned for the reason of filing mere replies.

Main Reasons for Rejection of Trademarks

Filing the trade mark application does not mean that it is registered. Trademark registration is a long process which may take 6 months to 2 years time, depending on the objections and opposition received. Oppositions from the public are rare whereas objections from the department are very frequent. Department raises objections on 2 points which are as follows:

General / Descriptive

Where the trade mark is general or descriptive. The government does not give a monopoly. of general or descriptive words to anyone because everyone has a right on those words. A trade mark may not be general or descriptive as per your understanding but may be general or descriptive as per the understanding of the department.
On this point, you should heavily trust your consultant as they have a better understanding of the view of the department as they deal with it on daily basis.

Existing Similar Trade Mark 

You will not get registration of trade mark if there is already a similar trade mark existing at the time of filing the application. A trade mark may not be similar as per your understanding but may be similar as per the understanding of the department. On this point, you should heavily trust your consultant as they have better understanding of the view of the department as they deal with it on daily basis.

Documents Required

Trademark filing is a simple, online process which can be completed within 24 hours. legalguard.in has helped file over fifty thousand trademark applications in India and has obtained registration for various leading brands.

There are a certain set of documents that need to be signed, scanned and sent to us. The list is given below.

• Signed Form 48- Form 48 is used to provide legalguard.in attorney with authorisation to file your trademark application.
• Identity proof of the trademark owner- It can be a PAN card, passport or Aadhar card.
• Incorporation certificate (if its a company or LLP)
• Udyog Aadhar registration certificate- The government fees for trademark filing for companies having Udyog Aadhar is Rs. Rs. 4500. However, they have to pay Rs. 9000 if they do not possess a Udyog Aadhar.
• Logo, if applicable and available.
• Address proof.

Trademark Registration Process

Filing of trademark application does not mean that you have received the registration. If no objection or opposition is received, it may take from 7 to 8 months, otherwise, the process may take from 1 to 3 years time.

The process of a trademark begins with a trademark search. We can help you conduct a trademark search using the tool below to find marks across classes. The government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the search is complete, you will proceed with the trademark application based on the details of identical or similar trademark applications already filed with the government.

Trademark Application 

Once the trademark registration application is filed with the trademark registrar, a trademark application number is provided immediately. The application can then be tracked online through the online trademark search facility. On obtaining the application number, the owner of the trademark can affix the TM symbol next to the logo.

Trademark Examination

Once the Vienna codification is complete, the trademark registration application will be allotted to an officer in the trademark registrar's office. The trademark officer would then review the trademark application for correctness and issue a trademark examination report. The officer will either accept the application and allow for journal publication or object to the same.

Objection

If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the officer and address the objections. If the officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.

Journal Publication

Once the trademark registration application is accepted by the registrar, the proposed mark is published in the trademark journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. Once it is published, the public has an opportunity to object to a particular registration, if they believe their business 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’ time.

If the trademark registration application is opposed by a third party, a hearing will be called for by the trademark hearing officer. Both the applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the hearing officer will determine if the application should be accepted or rejected. The decision of the hearing officer can also be challenged by escalating it to the Intellectual Property Appellate Board.

Trademark Registration

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

Trademark symbols and their usage

R Symbol

Once a trademark is registered, then the applicant can start using the ® symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.

™ Symbol

The ™ symbol is for unregistered trademarks for which the application has been filed. The TM symbol is thus used to indicate that a trademark application exists with respect to the trademark.

SM Symbol

The ‘SM’ or Service Mark symbol is used for the service industry, specifically for service mark applications The SM symbol is used for applications that are filed under class 35-45.

Access To Experts

We provide access to reliable professionals and coordinate with them to fulfil all your legal requirements. You can also track the progress on our online platform, at all times.

Passion

We are passionate about trademarks.

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