How to Apply for Trademark Registration Online?

A trademark is the unique identity that sets your company, product, or service apart from the competition.Trademarks are simple signs that are used to identify goods or services from a specific company. They can be designs, pictures, signs, or even expressions. It is significant because it sets your products apart from the competition. Trademarks are considered intellectual property and are thus protected from infringement. The Trademark Act of 1999 safeguards trademarks and their owners' rights. The trademark must be registered in order to be protected.

What is a Trademark?

A trademark is a phrase, logo, design, or combination of colours or shapes that denotes the uniqueness of a brand or product and distinguishes it from competitors. Customers can easily identify your products or services among those of your competitors if you have a distinctive Trademark.

Procedure of Trademark Registration Online?

Search and choose a trademark

When choosing a trademark, the applicant must exercise caution. Because there are so many different types of trademarks available, it is critical to conduct a public search on the Trade Marks Registry's trademarks database once a trademark is chosen to ensure that the trademark is unique and that no other trademark is either similar or identical to his/her trademark.

Filling the trademark application

Depending on the goods and services offered by the company, the trademark registration application can be filed in a single-class or multiclass format.
Form TM- A is the registration application form, and depending on the jurisdiction of the trademark, it can be filed online through the official IP India website or in person at the Trade Marks Office.
A number of documents that provide complete information about the trademark for which registration is sought must be submitted with the application for trademark registration. Furthermore, if the applicant claims prior use of the trademark, a user affidavit supporting the usage and providing evidence of prior use must be filed.

Examination of the trademark application

Following the filing of the trademark application, the Examiner issues a mandatory examination report in accordance with the Trade Marks Act of 2016.
The examination report of the authority may or may not reveal some objections, which can be absolute, relative, or procedural. This examination report is issued by the Trademark Authority within 30 days of receiving the registration application.
A reply to the examination report must be filed within 30 days of receiving the report, asserting the arguments and evidence against any objections to waive them off.

Post examination

If the Examiner (Trademark Authority) is not completely satisfied with the filed reply, or if the objections are not met, the Examiner (Trademark Authority) may convene a hearing. Following the hearing, the Examiner may accept the mark and forward the application for publication in the journal, or if any objections remain, the Examiner may reject the application.

Advertisement

Once the registration application is approved, the trademark is advertised and published for four months in the Trade Marks Journal. The publication and advertising are intended to encourage the general public to file an opposition to the registration of the mark. The Trade Marks Journal is available on the official Registry website, which is updated weekly.

Register the trademark

The final step in the procedure is registration, which occurs after the application has overcome the objection and/or opposition to the said trademark registration.
In addition, if no objections to the trademark's registration were raised during the four-month advertisement/publication period, the trademark is issued an auto-generated registration certificate within one week. Once completed, the registration is valid for ten years and must be renewed within a certain time period.