Registration of Trademarks in India is ruled below the Logos Act, 1999. Any device, label, signal, word, or letter able of remaining graphically represented and distinguishing the merchandise from the other can be registered as a trademark underneath the Act. This report, in transient, clarifies the process of trademark registration in India.
Registration of your brand identify/ company identify is significant since it grants you/ the applicant the ideal to use the mark completely vis-à-vis other get-togethers. If any other bash attempts to use a identical mark, you can undertake correct proceedings towards them and search for damages in return less than the Trademark Act, 1999. The Trademark Act of 1999 and the regulations framed thereunder govern the provisions relating to registering emblems in India.
Anyone intrigued in registering their mark wants to file an application with the Registrar of Trademark either manually or through an e-submitting web page delivered by the Controller General of Patents, Types, and Trademarks (https://ipindiaonline.gov.in/trademarkefiling/person/frmLoginNew.aspx). This sort of a particular person might possibly use by himself or through an licensed agent.
The trademark registration course of action can be divided into the pursuing phases:
Phase 1: Pre-Filing Process (i.e., Action I and Stage II beneath)
Stage 2: Submitting and Evaluation of the Mark (i.e., Stage III and Action IV underneath) and
Phase 3: Hearing and Course of action Ahead (i.e., Step V beneath).
Stage 1: Pre-Filing Process
Action I – Identification of the style of mark and class less than which the trademark is to be registered:
Underneath this stage, the variety of mark (i.e., wordmark (for ex: ‘Quick Company’) or logomark (e.g.) and trademark classes (45 classes available ranging from lessons pertaining to meals objects to cell software/ apps, etcetera.) proposed emblems need to be identified dependent on how the proposed mark is employed by the applicant and the solutions/ items furnished thereunder.
Phase II – Generation of a Lookup Report:
Beneath this phase, just one should really carry out a trademark research in the databases maintained by the Authorities (i.e., trademark registry) to check out for any comparable or identical trademarks that have by now been registered/ pending registration with the Trademark Registry. A look for report can be created thereafter of these kinds of marks, primarily based on which one can analyze the feasibility of registration of the proposed mark.
Phase 2: Filing and Evaluation Process
Stage III – Filing of the Trademark Software:
After the search report is created and ascertained that an software for registration of a proposed trademark is to be made, details these kinds of as the applicant’s title, deal with, proposed mark, and the proposed course must be filed in the trademark software.
Remember to take note that a independent trademark application will have to be submitted for every style of mark and each individual course. Further more, if the mark is currently in use, the applicant should really generally file an affidavit stating the day from which such mark is used alongside with evidence supporting these use from the claimed day. In addition, if the application is submitted through an authorized agent/ attorney, a electric power of lawyer have to be attached to the software.
Action IV – Evaluation of the Application by the Registry:
At the time the software is filed, the assessment officer will look at the proposed trademark and create an assessment report. Suppose the officer raises any objections. In that scenario, a reply has to be filed, and an possibility for a personal hearing(s) will be presented (on a day notified by the TM Registry). After that is carried out, the mark will both be acknowledged or turned down.
Phase III: Hearing and System Forward
Step V – Listening to and the Process Ahead:
Suppose the TM Registry accepts the mark. In this situation, it will be released and advertised in the Trademark Journal for 4 (4) months, and any 3rd bash/ common general public is entitled to file their opposition to the proposed mark. If no oppositions are gained from the general public through the said period of time, the proposed mark will be registered, and a registration certification will be issued.
On the other hand, if oppositions are acquired in the said interval, ideal action/ submitting of replies/ evidence will have to be carried out.
Timeline: 6 (6) to 8 (8) months, if no objections and/or oppositions are gained.