STEPS REQUIRED FOR REGISTRATION OF TRADEMARK

                                                                                                                                                                                                                                                     BY SUSHMA GOWDA

MEANING

A trademark typically protects brand names and logos used on goods and services. Trademark is the symbol, word, or word legally registered or Established by use as representing a company or product.

Trademark is created to prevent unfair Competition by protecting the use of symbol, words or phrase in an inappropriate way.

For Example:-

Trademarks are word, phrase, or symbol, which represent a company or product. They distinguish the products or services of one company or organization from those its competitors may provide.

Some other examples of trademarks include acronyms (like NBC, IBM) and extend to slogans, stylized fonts, and even colors.

Major Difference between Registered and unregistered trademark.

Symbol ® for Registered Trademark.

Symbol ™ for Unregistered Trademark.

STEPS REQUIRED FOR REGISTRATION OF TRADEMARK:-

Step 1:- Trademark Research

It helps one to know where does trademark stands or either similar trademarks are available. The chosen brand name or logo is not listed in the Trademark Registry India. If trademark matches with the any other existing trademark it may get into a trouble and may become a part of litigation

Step 2:- Filing of trademark Application

Trademark application office is their in Chennai, Delhi Mumbai, Kolkata and online too. After application an official receipt generated. As every procedure is became online one can track the Status of Trademark as an when required.

http://www.ipindia.nic.in/form-and-fees-tm.htm

In India, there are 45 classes of goods and services under trademark law

Step 3:- Trademark Examination

After Application trademark examination process goes on which take around 12-18 Months if get complete it will get publish in journal. If there is some objection in publication of Trademarks then they will be given reasonable opportunity of being heard and will be rectified within a month.

Step 4:- Trademark Publication.

After publication within 2-3 Months there is no opposition then it become eligible to get register under trademark registration process.

 http://ipindiaonline.gov.in/trademarkefiling/user/frmlogin.aspx

Step 5:- Registration Certificate

After getting published Trademark Certificate get issued to the owner which is sealed by officials.

Documents required for filing a Trade Mark Application in India:

• Trademark or logo copy
• Applicant details like name, address and nationality and for company: the state of incorporation
• Goods or services to register
• Date of first use of the trademark in India, if used by you prior to applying.
• Power of attorney to be signed by the applicant

TRADEMARK APPLICATION STATUS:

• One Can Track as an when required by step by process
• New Application:- This Application entered into Database Entry.
• Send to Vienne a Codification:- It is applicable only to the non-text Trademarks.
• Formality Check pass:- Have complied with all procedural Formalities. It shows fail if it is incomplete.
• Send Back to EDP:- This Means Electronic data Processing. They send back to EDP for digital process if they consider that there was some error in data entry.
• Send to PRAS:- Pre-registration amendment section reflects when one file an amendment.
• Marked for Exam:- In this application will be taken up by an Examiner in order to determine its registrability
• Exam Report Issued:- after Examination, the exam report is issued
• Objected:- Here examiner rises Objection if there is any incomplete information given.
• Abandoned:- With no Response application for the trademark will be abandoned.
• Advertised Before Accepted:- Trademark will be published to see whether there is any opposition from any.
• Accepted and Advertised:- Trademark advertised in Trademark journal if any disobedience then will be shown in Ready for show hearing, Refused and opposed under Section 9(1)(a) or Section9(1)(b) and 11 of Trademark Act, 1999
• However as section 21 of trademark act 1999 any person can apply for trademark opposition.
• Registered:- After Completion of every process one can download trademark certificate ipcindia.nic.in

However Trademark can be removed because of non-removal from time to time and even voluntarily withdraw as and when required.