A trademark is an individual mark that is used to identify a company’s goods and services. It can take the form of a logo, a picture, a sign, or even a simple expression, which is important because it will differentiate your products from the competition. It will be linked to your brand or product, and it will be protected from infringement as intellectual property. Trademarks and their rights are protected under the Trademark Act, 1999. Its rights and trademarks are protected under the Trademark Act, 1999.
You have to register trademark online in order to be protected by trademark rights. In order to protect yourself, you should register your trademark. Registering your trademark will help prevent others from copying your mark and misrepresenting other products as yours. By creating a logo that looks like a tick sign or as a jumping wildcat for Puma or other brands, the customers can instantly recognize the brand and the brand value.
While trademarks do not have a limited liability period, patents do. While patents expire in 20 years, trademark registrations expire in 10 years, but unlike patents, they can be renewed for another 10 years after expiration. As long as you continue to renew your trademark, it won’t expire and will remain protected under the Act for as long as you keep doing it.
Online Trademark Registration Procedure
- Step 1: Search online for a “wacky-enough” brand name
In this way, any newcomer can get a catchy, trendy, and interesting brand name in no time. It is definitely a smart move to choose a brand name that is wacky and quirky since most of the generic names are already in use. Furthermore, you must perform a quick research process before deciding on a particular name so you do not choose a name already in use. A unique brand name for yourself can be created by inventing or coining words with a mix of generic words.
- Step 2: Preparing a trademark application
You must submit the following supporting documents with your trademark registration application:- – Business Registration Proof: An identity proof of the company’s directors and an address proof must be submitted on the basis of your registered business (for example, a sole proprietorship). A PAN card or Aadhar card can be submitted for sole proprietorship businesses. The applicant must submit a proof of address in the case of a corporation. The applicant must also submit a soft copy of the trademark. The applicant must also submit proof that the trademark can be used in another country, if required. The applicant must also submit a power of attorney.
- Step 3: Registration of the brand name
A registration application (form TM-A) may be filed either manually or electronically. The Registrar Office of Trade Marks in Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai require you to personally move and hand over the application for registration if you choose the option ‘manual filing’. In the case of an e-filing system, you will receive your receipt of acknowledgment immediately on the government website. However, you must wait for at least 15 -20 days to receive the acknowledgement receipt. Your TradeMark (TM) symbol can be used beside your brand name immediately after receiving your acknowledgment!
- Step 4: Analyzing the application process for a brand name
Upon dispatching the application, the Registrar of Trademarks will check to see if you followed certain terms and complied with existing law. For the registration of a brand, there should be no similarity or identity to any existing or pending brand. For this reason, we preferred you to choose a quirky brand name!
- Step 5: Register your trademark in Indian Trade Mark Journals
Once your brand name has been examined, it will be published in the Indian trademark journal by the Registrar of Trademarks. It is undoubtedly the most important part of trademark registration and opposition should not be filed within three months, or 90 (or 120) from the publication date. A trademark registration certificate will be issued by the Registrar of Trademarks if there is no opposition.
- Step 6: Trademark Opposition
When a third party opposes a trademark within 3 months of its publication in the trademark journal, you will receive a copy of the opposition notice from the Registrar of Trademarks. If you do not respond to the opposition notice within 2 months, your trademark application will be considered abandoned and rejected. The counter statement must be submitted within 2 months.
The Trademark Registration Certificate will not be issued if there is no opposition within three months after the filing.
- Step 7: Hearing on Trademark Opposition
It is important that you provide evidence of your case to the third party opposing trademark registration. Once the evidence has been submitted, the Registrar will schedule a hearing for you and the third party. The Registrar will decide whether to accept or reject the trademark application after hearing both parties and considering the evidencethe third party an opportunity of hearing after submission of evidence. Trademark applications are reviewed by the Registrar of Trademarks after both parties have been heard and the evidence has been reviewed. If the Registrar of Trademarks accepts your trademark application, registration will be issued.
- Step 8: Issue of the trademark registration certificate
When your trademark application has been accepted by the Registrar after an opposition hearing, or if there is no opposition within 90 days, your trademark application will be accepted. The moment when the Registrar issues the Trademark Registry Registration Certificate will be the happiest moment for you.
With this blog post, we hope that even a beginner will be able to understand all about creating and registering a brand name. Once you’ve been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.