Trademark law, or the protection of brand names, designs, logos, and trade dress of goods and services in every business, is one of the most widespread and thriving practice areas in the field of intellectual property law. Many a time, trademark owners end up in a lawsuit because of not registering their trademarks at the right time.
In India, the trademark registration process of the brand name is not a challenging task. A few following simple steps would have the legal protection of your name or logo.
1. TM Search
Trying to navigate trademark law without having completed a proper trademark search is like navigating a minefield without a map. The quality and depth of your trademark search rely on your requirements, but a general search on the trademark database is enough to identify any registered trademarks that could cause difficulties for your application. Many business people do not understand the value of a trademark search. A trademark search assists you to know if there are similar trademarks available and it provides you with a clear idea of where your trademark stands and sometimes it gives you a forewarning of the possibility of trademark litigation.
2. Filing Application
After the search, when you are assured that your mark is not listed in the database of Trademark Registry India, you can opt for registering the mark. You can file a trademark application at the Trademark Registry India. Now, the filing process is carried upon online. After filling the application an official receipt is instantly allotted from the office of Trademark Registry India in the name of the Applicant.
3. Trademark Examination
The Trademark is examined by the examiner for any discrepancies after filling the application. The examination period can take around 1-2 months. The examiner possesses the power to object or accept the trademark completely, conditionally or disapprove.
If admitted completely, the trademark becomes published in the Trademark journal. If not accepted entirely, the conditions to be fulfilled or the queries would be specified in the examination report and a month’s time would be provided to fulfill the conditions or to file a response to the questions. Once the reply against objections is approved, the trademark is either listed for hearing or the trademark is published in the Trademark magazine. In case the response is not admitted, the trademark stands abandonded.
The purpose of the publication is linked to the trademark registration process so that anyone who opposes to the registering of the trademark has the chance to oppose the same. If, after the stipulated period there is no opposition, the trademark is registered and a registration certificate under the seal of the Trademark Office is granted.