You wouldn’t like to invest time and money in building a brand only to find the same brand name being used by another, robbing you of your hard-earned reputation. It is not uncommon for trademark owners (TM) to end up in protracted litigation because when the time came, they failed to register their brand name in India. The process of trademark registration for brand names is not difficult. After following a few simple steps explained below, you will have the legal protection you need for your brand name registration in India.
Step 1: Search for the trademark
Having a unique brand name in mind is no good reason to avoid a TM search. Many entrepreneurs do not understand the importance of a TM search. When you conduct a trademark search, you can find out if there are similar trademarks available and you get an idea of how your trademark stands, sometimes you can be warned about trademark litigation. It’s better to avoid trademark litigation than to waste your time and money doing it later.
Step 2: Submitting a trademark application
Once you are sure that your chosen brand name or logo is not listed in the Trademark Registry India, you can decide whether to register it. In order to apply for a trademark, one must file an application at the Trademark Registry India. The application is usually filed online these days. An official receipt is issued immediately after filing.
Step 3: Examining
An examined trademark application is inspected for discrepancies after it is filed, which will take around 12 to 18 months. A trademark may be accepted unconditionally, conditionally or objectively.
Upon unconditional acceptance, the trademark will appear in the Trademark Journal. The examination report would specify the conditions that need to be met or the objections that need to be addressed within a month of the rejection.
Trademarks are published in the Trademark Journal once such responses are accepted. The trademark can be registered if the examiner believes it should be allowed registration in the Trademark Journal. A hearing can be requested if the response is not accepted.
Step 4: Make a publication
During the trademark registration process, publication is included so that anyone with objections to the trademark registration has an opportunity to voice them. If, after 3-4 months, it is found to When the trademark is unregistered, an opposition can be filed. If there is no opposition within six months from publication, the trademark proceeds for registration. When there is opposition, there is a fair hearing and decisions are given by the Registrar.
Step 5: Certificate of Registration
A registration certificate under the seal of the Trademark Office is issued as soon as the application for trademark registration is published in the Trademark Journal.
Step 6: Renew
Your trademark registration can be renewed every ten years, allowing you to protect your brand name or logo forever.
There is no great deal of effort required to register a trademark in India, as you can see above. Intepat can help you complete the entire registration process without you worrying about deadlines and responses. It is a simple process, but one that is nonetheless very important for registering brand names. Therefore, take steps to protect your brand name today by knowing its power.