Registration of Emblems in India is ruled underneath the Logos Act, 1999. Any product, label, indication, word, or letter able of becoming graphically represented and distinguishing the merchandise from the other can be registered as a trademark under the Act. This post, in temporary, describes the method of trademark registration in India.
Registration of your brand name name/ company name is critical for the reason that it grants you/ the applicant the correct to use the mark completely vis-à-vis other parties. If any other get together tries to use a equivalent mark, you can undertake proper proceedings against them and find damages in return underneath the Trademark Act, 1999. The Trademark Act of 1999 and the policies framed thereunder govern the provisions relating to registering logos in India.
Everyone intrigued in registering their mark wants to file an software with the Registrar of Trademark either manually or by means of an e-submitting site presented by the Controller General of Patents, Designs, and Emblems (https://ipindiaonline.gov.in/trademarkefiling/person/frmLoginNew.aspx). These a man or woman could both utilize by himself or as a result of an authorized agent.
The trademark registration approach can be divided into the subsequent levels:
Phase 1: Pre-Submitting Procedure (i.e., Phase I and Action II beneath)
Stage 2: Filing and Examination of the Mark (i.e., Action III and Move IV down below) and
Phase 3: Hearing and Method In advance (i.e., Step V beneath).
Phase 1: Pre-Submitting Procedure
Phase I – Identification of the sort of mark and class beneath which the trademark is to be registered:
Beneath this phase, the form of mark (i.e., wordmark (for ex: ‘Quick Company’) or logomark (e.g.) and trademark courses (45 lessons offered ranging from classes pertaining to food items objects to cell application/ apps, and many others.) proposed logos must be recognized centered on how the proposed mark is made use of by the applicant and the solutions/ merchandise offered thereunder.
Phase II – Generation of a Lookup Report:
Beneath this action, a single need to perform a trademark search in the database preserved by the Govt (i.e., trademark registry) to verify for any equivalent or equivalent trademarks that have presently been registered/ pending registration with the Trademark Registry. A search report can be produced thereafter of these kinds of marks, dependent on which a person can review the feasibility of registration of the proposed mark.
Phase 2: Submitting and Assessment Method
Action III – Filing of the Trademark Application:
Once the lookup report is produced and ascertained that an software for registration of a proposed trademark is to be created, details these kinds of as the applicant’s identify, deal with, proposed mark, and the proposed class ought to be submitted in the trademark software.
Make sure you take note that a different trademark application will have to be submitted for each sort of mark and every single class. Even further, if the mark is by now in use, the applicant really should always file an affidavit stating the day from which such mark is employed along with evidence supporting these kinds of use from the stated date. In addition, if the software is filed by way of an approved agent/ legal professional, a power of lawyer must be connected to the application.
Phase IV – Assessment of the Application by the Registry:
At the time the software is filed, the evaluation officer will study the proposed trademark and deliver an evaluation report. Suppose the officer raises any objections. In that case, a reply has to be submitted, and an possibility for a personal listening to(s) will be provided (on a day notified by the TM Registry). After that is finished, the mark will either be acknowledged or turned down.
Stage III: Listening to and Procedure Ahead
Action V – Listening to and the Approach In advance:
Suppose the TM Registry accepts the mark. In this situation, it will be posted and marketed in the Trademark Journal for 4 (four) months, and any 3rd social gathering/ normal community is entitled to file their opposition to the proposed mark. If no oppositions are received from the public all through the mentioned time period, the proposed mark will be registered, and a registration certification will be issued.
On the other hand, if oppositions are acquired in the claimed period, proper action/ filing of replies/ evidence will have to be carried out.
Timeline: 6 (six) to 8 (eight) months, if no objections and/or oppositions are obtained.