Out of the many intellectual properties which are very important for any kind of business, one is a trademark. It directly or indirectly helps the business owner to create big businesses. We are in the era of high competition hence a business owner must not take any kind of risk with the intellectual properties related to its business, especially the trademark which affects the business directly. There are different types of trademarks associated with different types of businesses. They help in creating goodwill as well as brand value of the business. In order to protect the business, it’s important to protect its trademark. And the very first step towards the protection of such property is to apply for a trademark registration. To apply for a trademark protection is not easy, hence it is suggested to take expert help for the same.
What is a Trademark?
Numerous signs, symbols, markings, and logos exist that may be connected in some way, either directly or indirectly, to the type of business you are launching. This could involve the way your business name is written, formatted, and colored, the logo that goes with it, and all the many documents that are used as proof. All of these marks, signs, logos, and symbols are regarded as trademarks, and registering them with the appropriate authority is known as trademark registration. Your trade name will be protected in India when you register a trademark by following the proper procedure. Your brand will be protected throughout India as soon as the registration process is finished and it is granted trademark protection.
Step-by-step Procedure to Apply for a Trademark Registration
Follow the steps given below in order to apply for a trademark registration in India:
Collect the Documents
Collect the documents given below in order to apply for trademark in India:
- The address of the principal place of business.
- Submit a clear representation of the logo or trademark for which registration is sought.
- Needs the basic information related to the business for which trademark protection has been sought
- Business address proof of the business is also required
- Include personal details of the applicant, such as name, address, and nationality.
- If the applicant is a company, provide details about its incorporation.
- Clearly specify the goods or services for which the trademark is being registered. This is done by categorizing them under the appropriate classes as per the Trademark Classification.
- If claiming priority based on an earlier application filed in another country, provide the details and supporting documents.
- Submit the authorization form signed by the applicant.
- Provide the address proof and identity proof of the applicant, which could be Aadhar card, passport, or voter ID.
- Provide the date of the first use of those trademarks which are already in use
- Power of attorney in case you are hired an expert
Trademark Search
Before filing for registration, conduct a thorough search to ensure that a similar or identical trademark doesn’t already exist. This can be done through the official trademark database. It will ensure that you will easily get the registration, because once you already search that your trademark is not in existence, it will make sure that there are lower chances of objection.
Filing the Trademark Application
Create the trademark application and submit it to the Trademark Registry.. This includes providing details such as the logo, brand name, goods or services covered, and date of first use. Make sure the application in order to apply for a trademark registration is filled as per the rules and regulations without mistakes. Mistakes delay your process unnecessarily hence must fill it carefully.
Examination by the Trademark Office
Examination of the application for the trademark registration has been done by the trademark registry in order to verify its compliance with legal requirements. They may issue objections or clarifications during this stage, in case they find anything against the rules and regulation or if the application is incomplete. Also if the documents which are attached with the application are incomplete or doubtful, the department may raise the query. Hence must apply for a trademark registration carefully.
Publication in the Trademark Journal
After the completion of the above steps in order to apply for a trademark protection, your trademark will be published so that it will be confirmed that it is not already in existence.The Trademark Journal publishes the trademark application. This allows the public an opportunity to raise objections within a stipulated period. After publication, there is a window for third parties to oppose the registration. If there are no oppositions, the application moves to the next stage.
Issuance of Registration Certificate
After the completion of the above formalities, now your application is almost at the final stage of the trademark registration. Once the opposition period lapses, or any opposition is successfully overcome, the Trademark Registry issues the Registration Certificate. This officially grants the trademark rights to the business owner and after getting this your trademark gets fully protected. Now nobody can use it without your permission. If somebody tries to use it without taking your consent he will be liable for the infringement of the trademark which is a punishable offense.
Conclusion
To apply for a trademark registration is a crucial step for businesses to safeguard their intellectual property. Governed by the Trademark Act of 1999, the process to apply for a trademark registration involves collecting necessary documents, conducting a thorough trademark search, filing the application with precision, facing examination by the Trademark Office, and the crucial step of publication in the Trademark Journal. This publication phase allows for public scrutiny and possible objections. Upon successful completion of these stages, the Registration Certificate is issued, providing exclusive rights and legal protection to the trademark owner. It is a fundamental measure for preventing unauthorized use and ensuring the brand’s distinct identity, contributing to the business’s growth and credibility in the market.
