A country like India where there is a complex variety of business environments, registering your trademark protects your brand identity and it is an essential and important first step in creating and preserving a different identity. Although many business owners hire lawyers to help them with this process, an individual get his trademark registered himself. Although an individual get his trademark registered himself under the “Trade Marks Act, 1999”, this “rarely works out because of the difficulties that arise during the registration process, as well as the oppositions and objections. It’s possible that the registration process won’t always be completed if applicants handle it on their own”.
What do you Mean by Trademark?
Success in business depends on the development of a company’s or business brand image. The trademark, which is a type of intellectual property (IP), is the “unbreakable shield” of the brand name. There are “words, slogans, logos, and other characteristics” that set products and services apart and can all be protected by trademarks, which are forms of intellectual property. Anyone who is interested can file a trademark application under their own name if they wish to register their unique words or symbols as an individual get his trademark registered himself as well.
However, they are not needed to carry out some business. In order to register a trademark for a term or symbol they plan to use in the future, they can submit an application. To preserve one’s company identity, it is very crucial to obtain legal rights over its brands through trademark registration. A strong brand name is simple to market, sell, and even easier to protect.
Who Can File Trademarks in India?
Every Individual in India who is claiming to be the owners of the particular trademark may file the trademark according to the particular act themselves as per the law an individual get his trademark registered himself”. In the “Section 18(1) of Trademark Act, 1999” a particular procedure is mentioned. In this context, “person” which includes not only natural persons but also “businesses and other legal entities”. Any person can apply for trademark registration if they believe they are the owner of a particular trademark, which can be any word, phrase, symbol, or design that sets their products or services different from others.”
The ability to apply for any trademark is available to a wide and different range of entities, including corporations, startups, and foreign entities. The most important and essential requirement is that the applicant must be the legitimate owner of the mark of the trademark to prevent any infringement, which will support India’s overall intellectual property rights framework function. (TMO) offices accept written applications as well as online applications on the official website”.
Understanding Registration of Trademarks
Clear and Proper understanding of the trademark registration process in India is essential and considered as important for every company and entities because every individual must understand the necessity of registering their specific legitimate trademark”. “The definition of a trademark, which is a method or mode to identify goods or services through the use of words, logos, symbols, or a combination of these, must be understood by prospective trademark owners.
Before an individual get his trademark registered himself, a complete trademark search is necessary in order to make sure that the mark which has been chosen by the party is not similar or must be unique and does not conflict with marks that have already been registered. Candidates must then create an application with information about themselves, the mark, and any associated goods or services after it is established it is the first and important step””.
Process of Registration of Trademark in India
There are following steps mentioned below in order to do registration of trademark in India, while an individual get his trademark registered himself, he needs to follow the same process –
Step 1 – “Making a Trademark Search”
When an individual get his trademark registered himself, the very first thing he needs to do is to make sure the proposed or the given trademark is different or unique and does not conflict with the already registered trademarks, a comprehensive and complete search must be carried out prior to submitting an application. The Trademark Electronic Search System which is commonly known as the TESS on the Intellectual Property India (IPI) office’s official website can be used to conduct this search”.
Step 2 – “Application Preparation”
An individual get his trademark registered himself by getting the trademark application ready after finishing a trademark search. This contains offering comprehensive applicant data, a depiction of the mark, and an understandable summary of the products or services that the trademark is meant to be used for”. Make sure to fill the details in this application carefully so that there will be no chance of mistake.
Step 3 – “Application Filing”
The IPI website is the place where the applications are submitted online by an individual get his trademark registered himself. The type of applicant (individual, start-ups, small enterprise, etc.) and the number of classes under which the trademark is to be registered are among the factors that determine the filing fee. Verifying every detail one last time is essential before submitting”.
Step 4 – “Trademark Registry Examination”
Following filing, the Trademark Registry reviews the application to make sure it complies with all applicable laws. The applicant receives an examination report detailing the issues that need to be resolved if there are any objections or discrepancies” from the competent authorities and the applicant needs to resolve them within the prescribed time limit.
Step 5 – “Reaction to Examination Report”
The applicant is required to reply to the examination report in the allotted time, usually no more than 30 days. Each objection made by the examiner should be addressed in this response, along with the detailed clarification”. You need to satisfy the authorities here otherwise there are chances that your application may be rejected by them.
Step 6 – “In opposition to”
Anyone with an interest has a period of three months from the date of publication to raise an objection to the trademark’s appearance in the journal. The Registrar determines the application’s outcome after hearing from the applicant and the opposing party. The application is registered if no objections are raised within the allotted time”.
Step 7 – “The Registration Certificate”
The Certificate of Registration is granted by the registrar as soon as the applicant successfully resolves any opposition. The certificate bears the trademark registry seal attached to”. This will work as the ownership certificate and can be shown as evidence in the court of law during the time of any kind of dispute regarding the ownership of the trademark.
Challenges Faced by Individuals Get His Trademark Registered Himself
Now it is possible for any individual or entity to register their own trademark in the portal, doing that can present a number of difficulties and complexities. These difficulties show how difficult it is to register a trademark and stress how crucial it is to get expert help”:
Risk of the Trademark being Rejected
Rejecting a trademark can be done for the bases of reasons that are absolute or relative reasons. The chosen trademark by a company must comply with the Trademarks Act of 1999 in order to be accepted otherwise, it will be rejected. It may not be possible for someone who is not a trademark specialist to conduct a thorough trademark search only in some circumstances, a word mark and/or device search may be required”.
Individual May not Conduct Proper Trademark Search
“A clear description of the goods or services, a representation of the mark, and comprehensive applicant information are all required in a trademark application. During the application process, incomplete or inaccurate documentation may cause delays or rejections. If an Individual does not conduct proper research and documentation it will result in the rejection of the application”.
Complications Involved in the Registration Process
For getting an approval or acceptance the applicant must be specific and clear about the classes they want to take because they must deposit the required amount for each class they enroll in”. Additionally, the examiner refuses registration when the wrong classes are chosen. The class of goods or services is one of the primary components of a Trade Mark application, even though there are a few minor details that must be completed during registration.
Difficult to Respond to Office Actions
It is considered important to submit a suitable response in response to any objections raised against the application. Additionally, the response needs to be submitted by the deadline if it isn’t, the application will be considered as rejected. This is typically not a one-time event and could require multiple responses to be filed, depending on the circumstances hence for an individual get his trademark registered himself is not possible without experience.
Difficult to Respond to Opposition
In case that the trademark application is opposed during the registration process, the applicant must submit a counterclaim or supporting documentation, if relevant. The applicant must appear at any hearings the Registrar schedules in relation to the opposition and make their case. “In order to successfully plan or direct the hearings and opposition proceedings, the applicant must have strong practical experience with the trademark registrations, as they entail a number of legal and technical nuances”. This is why an individual get his trademark registered himself is a little risky.
Who Cannot Apply for Trademark Registration?
Although an individual get his trademark registered himself, there are certain limitations on who is eligible to file an application for trademark registration in India. “The Indian Trademark Act” states that specific names cannot be used in trademark registration. The Trade Marks Act of 1999 outlines the requirements that must be fulfilled in order for an Indian trademark application to be denied is mentioned in sections 9 and 11. These sections provide complete guidelines for approving or rejecting trademark applications by specific entities. Such as “Unauthorized users, minors, illegal entities, entities violating public morality and orders” etc. For all issues we need to hire a legal attorney for investigation.
Why to Hire a Trademark Attorney to Register Trademark
In the process of registration of Trademarks we come across a variety of complexity which hinder the successful process of registration therefore, hiring a trademark attorney is necessary and important instead of an individual get his trademark registered himself. The variety of legal knowledge and experience possessed by trademark attorneys can greatly help the registration procedure.
These experts are skilled at carrying out thorough trademark searches to make sure the selected mark is unique and different and does not conflict with any already-existing registrations. They also have the legal knowledge how to handle possible objections and reply to examination reports while navigating the application process.
In the end, hiring a trademark attorney is an investment in building “a solid and dependable trademark” that will provide you with complete protection and peace of mind in the increasingly competitive business environment.
Conclusion
In India, self registering a trademark requires a lot of close attention to make a detailed application and it is an exhausting procedure hence it’s not easy for an individual get his trademark registered himself. Although the guideline’s give a general overview, it is best to speak with legal experts or trademark agents for advice specific to your case. People can protect their brand identity and add to India’s growing entrepreneurial ecosystem by carefully and carefully navigating the proper process.
