Steps in Trademark Application

 

Creating a brand requires consistent effort and hard work, which is why branding is so important for your business. To ensure your company's success, you must create a distinct identity for your product or service. Trademarking your brand was once only a concern for large corporations, but it is now a requirement for most individuals who own a business. In today's world, if you don't create and protect a distinct brand image, you will be lost in a sea of competition, making it difficult to make your products or services stand out. We will walk you through the Trademark Registration Process in India in this article.

What Are The Steps For Trademark Registration?

1.      Obtaining a trademark for your logo: Once you trademark a colored logo, the logo and the color sequence are protected, but any variations are not. Make sure the colors are appropriate for your company and target audience. The colors in your logo should serve as the foundation for your brand image. A black and white logo can even be trademarked, allowing you to use different color patterns in your logo because a black and white trademark only protects the logo pattern.

2.      Check for availability: To register a wordmark or logo, it must be available. If a request for a related or similar mark has previously been filed, you will face difficulties and problems in registering your desired logo. As a result, you should first check the Trademark Registry for availability of your brand name, which will save you time and money.

3.      Mention the user date: Make a point of mentioning it when you use it in the application's 'user date' column. Because, in India, those who began using the name or logo first are given preference over those who followed the first-come-first-serve rule of Trademark Registration. This will assist you in obtaining your trademark even if a similar trademark has been applied for by a brand new company. In other words, it will be beneficial in trademark objections and hearings.

4.      Choose your trademark: You can trademark a word, phrase, device, symbol, or colours, and you should create a brand name, phrase, or logo that is not used by any other business, and it should be unique, short, non-descriptive, and memorable, and it should avoid generic names or terms used by others.

5.      Choose the appropriate class: The first step is to choose an appropriate class for trademark protection. The trademark registry has established 45 classes for various products and services. Choose the most appropriate class based on your company's activity. If more than one class applies to you, you must file in all of them. Remember that you can only protect a trademark name or logo under the classes for which it is applied. When submitting an application, you must describe the goods and services that your company provides. Understand that you cannot change the class or description provided in the application after you have submitted it.

6.      Conduct a trademark search: This search will tell you if there are any similar trademarks out there and whether or not they are registered in order to avoid trademark lawsuits.

7.      Fill out an application: You must file a Trademark Registration application with the correct class and details, along with the necessary documents, with the Controller General's Office of Patents, Designs, and Trademarks. When a trademark application is filed, the Trade Marks Registry assigns an application number, and the applicant may then place the TM symbol next to the registered mark.

8.      Conduct Trademark Inspection: After that, the Trademark Registry will review your application to ensure that the basic requirements have been met. Based on the results of this inspection, the registry generates a trademark examination report.

9.      Trademark Objection: The examiner may accept or reject the application unconditionally, conditionally, or object to it. If it is accepted conditionally, the applicant will have one month to meet the condition before the application is rejected.

10.  Publish in journal: If the application is unconditionally accepted, it is published in the trademark journal.

11.  Hearing: If the application is still not accepted after meeting all of the requirements, a hearing can be requested. The examiner will publish the trademark if he believes it should be registered.

12.  Opposition: If someone objects to the application, the applicant must file a response to the examination report explaining why the trademark should be registered and shall assist in overcoming the objection. If the examiner believes the objection(s) remain unresolved, a hearing will be held to resolve the matter. The trademark application is accepted and published in the journal if the objections are overruled during the hearing.

13.  Trademark Registration Certificate: A trademark registration certificate will be prepared if there are no objections or contradictions to the requestor opposition. When a Trademark Registration Certificate is issued, the trademark is considered the owner's registered trademark, and the owner is free to use the trademark in its entirety. The ® symbol can now be used in conjunction with a registered trademark.

Conclusion

A registered trademark is an intellectual property asset that guards against third-party infringement of your company's products or services. A trademark should boost the brand value of your products and services while also establishing brand recognition. If you believe it is better to hire professionals to do it for you rather than risk making mistakes, you can always contact legalRaasta if you want to register your trademark in India in an easy and efficient manner.