A trademark is generally a type of intellectual property which consists of a word, phrase, symbol, or design that identifies products or services that same symbol or series of words cannot be used after registration of trademark by any other company, although trademarks used to identify services are often called service marks. The owner of the trademark can be a business organization or a person or any legal entity.
Who can Register for a trademark ?
Any individual, Partnership firm, LLP and company can be an applicant and can apply for the trademark registration. the person whose name is mentioned as the applicant in the Trademark Registration form, will be declared as the owner of the trademark once the trademark is successfully registered.
Online procedure for trademark registration ?
Step 1: surf the web for a brand
This is simply a short and better way for any newcomer to get a cool, trendy and interesting brand name. Choosing a brand name that is crazy and quirky is definitely a wise move, as most generic names would already be in someone's hands. Also, focusing on a particular name requires a quick research process to make sure you are not choosing a brand name that is already in use. The best part here is that you can make up or coin a few words with a combination of generic words to create a unique brand for you.
Step 2: preparing a trademark application
The following supporting documents along with the application must be submitted for online trademark registration: -
- Proof of business registration: On the basis of your registered business (eg individual ownership, etc.), proof of identity of company directors and proof of address must be submitted. In the case of a sole proprietorship business, proof of identification of the owner viz. PAN card, Aadhar card can be sent. While, in the case of companies, it is necessary to present the proof of address of the company.
-Soft copy of the brand.
- The proof of claim (which is applicable) of the proposed trademark can be used in another country.
- the applicant will sign Power of attorney.
Step 3: filing the trademark application
Manual filing and electronic filing are the two different ways of filing the registration, if you choose 'manual filing' then you have to personally move and hand over your registration application to the Trademark Registration Office located in major cities in India . like Delhi, Mumbai, Kolkata, Ahmedabad and Chennai. After that, you must wait at least 15-20 days for receipt of the acknowledgment of receipt, but in the case of an electronic filing system, you will receive your acknowledgment receipt instantly on the government website. Once recognized, you will be able to use the TradeMark (TM) symbol next to your brand.
Also, in case of rejection due to non-approval of the name, the applicant will have a second opportunity to fill out the same SPICe form without additional charges. It means that you have two possibilities to submit the same form without any additional fee to pay Rs. 1000 / - both times.
In case the name is not approved on the second try, you can resubmit the SPICe form from scratch. At any time, this will be cheaper than opting for the first option. The whole process, including name approval and onboarding, takes around 2-3 days.
Step 4: Examine the trademark application process
Once the application is submitted, the Registrar will verify if it has followed certain terms with which its trademark complies, the existing law. Also, there should be no conflict or dispute between existing or pending trademarks. This is why we prefer you to choose a quirky brand!
Step 5: Publishing Your Brand in Indian Trademark Magazines
After the examination process, the registrar will publish your brand name in the Indian Trade Mark Journal. This is the most important part of the trademark registration and there should be no opposition within 3 months means 90 days, in some cases 120 days, , from the date of publication. Then your brand moves towards acceptance.
Step 6: issuance of the trademark registration certificate
The Registrar will accept your trademark application if no opposition is filed within the stipulated period of 90 days. Woof! And this will be the happiest moment for you, as the Registrar issues the Certificate of Registration with the seal of the Trademark Registry.
Right from the moment your certificate has been issued, you can use the trademark symbol (®) next to your trademark. Therefore, with this blog post, we believe that even a beginner can understand everything about branding and registration. successfully.