Trademark registering is a mandatory procedure to get done. The trademark process is comprehensive but gives assurity that your mark is registered and you can apply your logo on your products. We will discuss the formulated process in this article. But first, let’s understand what is a trademark?
What is a Trademark?
Anything that is unique and innovative can be trademarked. Trademark is an intellectual property consisting of words, logo, numerals, slogan, device and many more. They all need to be recognized products or services of a particular source from that of others, even trademarks applied to recognize services that normally are named as ‘Service Marks’. Registering then can offer legal right to use & practice of the mark to the owner of a trademark. The registration delivers various benefits and most importantly saving you from infringements.
Must more: Cost of Trademark Registration
Why trademark Registration is important?
- Registering of the trademark will give you legal protection over fake and fraudulent products
- Registration of marks will definitely give customers easy recognition of the product. The reason is simple its name or logo will stay in their mind. so its suggested makes logos catchy.
- The most important point for registration is discussed above that it cannot be copied and avoids trademark infringement cases. you may have heard of Starbucks infringement many people tried to copy the logo and word Bucks. They restricted many companies from doing this.
- Trademark is an intangible asset for the owner. That has an ability to be transferred anytime, sold or franchised.
- Registering the trademark will always get Customer trust and build goodwill in the minds of consumers. As many customers are of that type who stay on one product and have loyalty over them.
Trademark registration is usually made for words, logo, numerals, slogan, device, etc. A trademark registration gives the legal right of exclusivity for use of the mark to the proprietor of the trademark. Trademark is, though, a long process including multiple steps. Let’s discuss all the major steps of registering the Trademarks.
The first and foremost step to for trademark is – Trademark Search. If You plan to own a trademark do a comprehensive search. Before starting the trademark registration process, the business person or a trademark expert must carry a trademark search of the trademark database. A trademark search will give information on an identical or related trademark that has already been registered with the trademark registry. A trademark search can be sent by visiting the Trademark Registrar Website.
Trademark Search enables the candidate to lead a comprehensive search to review –
- Any Similar, Exact or Phonetic matches.
- Identical results from all trademark classes.
- Words with a similar prefix, suffix or infix variations.
- Abbreviations and acronyms.
Even if you do prior preparation for the Trademark Class of your product that will simplify the further process and will be quick action.
Once a trademark search is made, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of a trademark needs to be done in a directed manner and filed with the fee for trademark registration. A trademark application can be made at one of the trademark Registrar Office holding jurisdiction over the State or online. Trademark applications can be registered online by Trademarkcart or a trademark agent or lawyer.
A trademark registration application must include the following info :
- Logo or the Trademark
- Name and address of the trademark owner
- Classification or Trademark Class
- Trademark used since the date
- Description of the goods or services
After this, when you fill the trademark form side by side you have to prepare and submit the important documents like address and ID proof. The documents are further submitted at the registrar’s office.
- Application form
- Copy of Applicant’s Id and address proof
- Copy of the business/company certificate
- Letter of power of attorney
- Print and digital version of the proposed trademark
- Copy of the passport of the applicant
Trademark Application Allotment
When you complete the form filling and submit all the documents. Further, the Trademark registration application is listed with the Trademark Registrar. A trademark application allotment number is provided within 1- 2 working days. The trademark application can also then be tracked online by the Online Trademark Search facility. Typically, on getting a trademark application allotment number, the owner of the trademark can apply the TM symbol next to the logo.
It’s important to know about the symbols used in the trademark registration process :
1)The “®” sign
The “®” symbol is applied by companies to notify consumers and future trademark applicants that their sign is a registered trademark. The use of the “®” prior to the registration of the trademark is prohibited.
2. The “™” sign
The sign “™” means “trademark” and was first used only in the USA or in the UK. It is a symbol to the public that the sign is prepared as a trademark with the aim to distinguish the marked products or services from those of other companies.
The Vienna Classification or Vienna Codification, founded by the Vienna Agreement (1973), is an international classification of the symbolic elements of marks. Once the trademark registration application is registered, the Trademark Registrar will appeal the Vienna Classification to the trademark based on the figurative elements of marks. While this work is in process, the trademark application status normally reflects as “Sent for Vienna Codification”.
Examination of Trademark Application
Once Vienna Codification is created, the trademark registration application will be given to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer will then examine the trademark application for the accuracy and allot a trademark examination report. The application registration all depends on the Trademark officer certification and forwards it for the Trademark journal publication. This a chance for journal public to object to the trademark registration application.
If the trademark registration application is opposed by the Trademark Officer, the trademark applicant has the right to appear before the Trademark Officer and discuss the objections. If the Trademark Officer is satisfied with the support of the trademark applicant, the trademark will be approved for trademark journal publication. In case the Trademark Officer is not agreeing with the justifications, the trademark applicant has the power to appeal the judgment of the Trademark Officer before the Intellectual Property Appellate Board.
Trademark (TM) Journal Publication
Once the trademark registration application is allowed by the Trademark Registrar, the intended trademark is published in the Trademark Journal. The trademark journal is published weekly and includes all the trademarks that have been allowed by the Trademark Registrar. Once the trademark is published in the trademark journal, the public has a chance to oppose the trademark registration, if they think they will be destroyed by that registration. If there are no complaints filed within 90 days of that publication, the mark will typically be enrolled within 12 weeks – months.
If the trademark registration application is rejected by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark owner and the opposing party have the opportunity to appear at the hearing and give justifications for registration or rejection of the trademark application. Based on the discussions and the evidence displayed, the Trademark Hearing Officer will decide if the trademark registration application will be allowed or rejected. The decision of the Trademark Hearing Officer can also be examined by escalating to the Intellectual Property Appellate Board.
Once no problem found in the trademark registration application the trademark registration certificate will be made and sent to the trademark owner. Once the trademark registration certificate is circulated, the trademark is deemed to be a registered trademark of the owner, giving the trademark owner particular use of the mark. The ® symbol can now be printed on the food packages along with the logo.
Your trademark will be granted a 10-year term validity with the proper use of an Affidavit of Use. You may constantly renew your trademark at the end of all term for an extra 10 years.
Trademark Validity Period
A registered trademark in India is valid for 10 years after that apply for renewal. After that, trademark renewal is made to restore the protection and rights a trademark gives to the business. The failure of this can result in the expiry of your trademark which could turn out to be a notable loss for your business. It is important to protect the rights that come with all trademark registration since it is an inherent part of your business identity.
The renewal of the trademark is made in done every 10 years.
The registrar will renew your trademark on applying along with the concerned fee. If a particular trademark is not registered for renewal after 1year from the date of expiry, then, it will be excluded from the legal records. To get the complete renewal process made it takes over 3-4working days. In case the owner fails to renew his/her trademark, the person can not object if the same trademark is applied for registration by a third party. If a distinct trademark is not used for 5consecutive years after its registration, it can be eliminated for non-use.
If you are looking to simplify your trademark registration process allow TrademarkCart to guide you. We offer plenty of services worldwide. We offer Trademark registration in the USA, Dubai, Singapore, UK, and many more countries. You can visit our website “TrademarkCart” and avail Trademark Services. Even you can ring us at the number: +1-3024672224 or mail us on [email protected]