12 Apr 2023, 12:06 — 4 min read
If you’re considering registering a trademark, it’s important to understand the process and how long it takes. Here's a super quick guide to the trademark registration process.
Trademark registration protects names and other marks associated with a particular product or company. Trademark registration can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, variety of colors, or any combination thereof which identifies products or services of a particular source from others. Trademark Registration can be for an individual, firm, company, society, or legal entity.
The trademark registration process involves the following steps:
A trademark search is required to find if the same mark already exists or if the mark is objectionable for any other reasons. It also is a safeguard against unnecessary litigation which may crop up later.
After a brand name or logo is chosen, a trademark application is to be filed at the Trademark Registry, India (online/offline). Once the application is filed, an official receipt is issued for future reference.
Once the trademark registration application is filed, the trademark Registrar will apply the Vienna Codification system to examine a trademark request with the registered one to avoid duplication. While this work is in process, the status of the application reflects “Sent for Vienna Codification”.
After the Vienna Codification, the trademark application is allotted to an Examiner of the Trademark office. The Examiner would verify the trademark and would either accept or object to the trademark. If the trademark is accepted, it shall proceed to publication in Journal, otherwise the Examiner would issue an examination report. The applicant is required to submit a reply to the examination within the stipulated period, otherwise, the trademark is abandoned.
If a reply is submitted by the applicant, the Trademark Office will fix the hearing of the application which takes place before the hearing officer. The applicant has to appear at the time of the hearing represented by the Attorney. If the hearing officer is satisfied, the application will be accepted and published in Journal, otherwise the application is refused.
The trademark journal is published weekly and contains the details of all trademark that has been accepted by the department. The waiting period for a trademark in the Journal is 120 days. During this period, a third party can raise objections against a trademark by filing an opposition.
After the waiting period in Trademark Journal is over, a registration certificate under the seal of the Trademark office is issued.
A registered trademark which is granted for 10 years has to be renewed before the date of expiry.
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Posted byACS GUWAHATI
Agarwal Consultancy Services provide services which can help your business reach a new height. We provide different services like Trademark, Copyright, Patent, Design, Legal...
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