Trademarks Registration – Process and Explanation

A trade mark can be a word, logo, symbol, label, shape, smell, combination of colors etc. Trade mark can either be a word mark or a device mark. A word mark denotes words/letters in a non-stylized manner. On the other hand device mark consists of artistic features or unique color combination, whereas a   trademark relating to services is known as service mark.

New Trademark Rules have come into existence from March 2017 and has simplified the process of trademark registration.

The steps involved in the process of Trademarks Registration are as follows:

Trade Mark Classification

45 classes of Goods and services have been specified for the purpose of Trademarks registration.

Class 1 to 34 refers to goods and class 35 to 45 refers to services.

Trade Mark Search

Before applying for the Trademarks registration a search is made on the ipindia portal to know about the pre-existence of deceptively similar and confusing marks.

The search is conducted so that the Applicant is aware of the probable objections or oppositions that may be initiated against the prospective trademark.

Trade Mark Filing

After an applicant has decided upon the classof prospective Trademark and does not find any similarity on the ipindia portal an application is to be filed under the Trademarks Act.

Trade Mark Examination

After applying for registration, the Registrar examines the application and can either accept or reject the application and has to intimate about the outcome to the applicant.

In case the application is rejected the applicant has to submit the reply within one month of communication of the Examination Report.

If the registrar is not satisfied with the response filed by the applicant he can give the applicant an opportunity of being heard.

If the applicant does not appear before the registrar within the given time, the registrar can abandon the application.

If the applicant appears before the registrar the registrar can suggest the necessary changes to be made in the application before accepting it.

Advertisement in Trade Mark Journal

After the acceptance of application it will be published in the Trademarks Journal.

Trade mark opposition

General public can raise objection within 4 months from the date of advertisement in the Trade mark journal.

Trademark hearing officer calls for hearing of both the parties i.e. the applicant and the opponent.

Trade Mark Registration

After hearing both the parties if the registrar is satisfied that there are no objections against the trademark the certificate of registration will be issued which is valid for a period of 10 years.

The applicant becomes the exclusive owner of the trademark after the receipt of the certificate of registration.

Trade Mark Renewal

Trade Mark can be renewed in every 10 years. Renewal application can be filed 6 months prior to the due date of the next renewal date.


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