Trademark Registration

 Trademark Registration

By: Robin Pandey                                            Date:20/February/2022

Trade mark registration is a Four step process to register any name, symbol, image, signature, etc. that provides a unique identity to the product or service and distinguishes it from the other similar products or services in the market.

Section 3 of the Trade Marks Act, 1999, the Central Government appoints Controller-General of Patents, Designs, and Trade Marks, as the Registrar of Trade Marks for the purposes of the Trade Marks Act 1999.

Any person, claiming to be the proprietor of a trade mark used or proposed to be used by him, can apply for registration of a trade mark to the Trade Mark Registry under whose jurisdiction, the principal place of the business of the applicant falls, in the prescribed manner for the registration of his trade mark. In case of a company about to be formed, anyone may apply in his name for subsequent assignment of the registration in the company's favour. The registration of a trade mark in India typically takes about  2 to 3 years, subject to the trade mark not being opposed by a third party. The Office of the Controller General of Patents, Designs and Trade Marks is the appropriate office for filing of a trade mark application in India.

“Any person” is wide enough to include any individual, company, or association of persons or body of individuals, society, HUF, partnership firm, whether registered or not , Government, trust etc.

1) Trademark search: The process of a trademark search is the first step to protect your own intellectual property rights while avoiding a breach of somebody else’s rights. To avoid any kind of ambiguity and any legal infringement, Trademark search should be performed, before filing any application for registration of your TM.

The Fourth schedule to Trademark Rules, 2002 classifies goods and services into 37 categories. They vary from Film, Household and kitchen utensils, Aerated drinks, beer, non-alcoholic drinks, Any scientific and technological services or research, are some of the class mentioned.

2) Application: The next obvious step is to file your Trademark application after a full satisfaction from previous search results. One can file application under the office of Trademarks, Intellectual Property India. 

3) Examination: After the filing of Trademark application, it is under process of scrutiny by the examiner for any discrepancies.

 (A) Objection : This happens when trademark registrar seeks a valid reason or explanation about the mark and registration. Applicants are given an opportunity to explain the validity of the trademark and how the said trademark fits the criteria for registration.

(B) Acceptance: The office of registrar has give its nod to further process, and its free from any office scrutiny.

4) Journal Publication: Applications seeking new registrations are published in Journals, which invites any objections from public, who have any dissatisfaction from application. Some trademark can be similar or identical to any other registered pre-owned TM. In case of objection, there is a hearing by registrar to decide the case.

5) Registration:  After the due solution of any objections involved, a registration certificate is issued under the name of the Trademark Office.