Trademarks are known to be the backbone of businesses as they offer to protect the brand identity. A registered trademark is one of those securities that a business can have regarding their brands as it will be an intellectual property to it. The trademark can be either a logo, symbol or even words that out make the brand's identity noticed in the market thus increasing its awareness. The main question still remains on how to register a trademark.
Before we venture more into the trademark registration process, we will first clear the confusion by seeing what the difference is between a patent, copyright, and trademark.
For online trademark registration, an application can be submitted to the trademark registrar. You can also opt for applying for a trademark online. There are websites available on the internet that will help you to do this. The trademark application online would require you to have certain documents so that you could fill it successfully.
The first things for having a trademark registration in India are:
Trademark
The owner must show there name and address.
The trademark must be classified on whether it is a symbol or a slogan etc.
Whether the trademark was registered before and if so what was its date.
Also, the goods and services that will be used to represent.
The next step in the trademark is that of seeing whether the application was allotted or not. This is done by the Trademark Registrar who provides a number on the allotment. When a business receives this number then they can apply it to their brand by putting TM right next to the logo they have taken the trademark for. This whole process can be tracked online by the online trademark feature on the website.
The next step in trademark online registration is that it has to pass the Vienna Codification. This codification has elements in it that have to be marked by the registrar. The registrar which is present usually does this as sees that the trademark is up to the Vienna Codification. When all of this is happening and you want to see your progress then it would usually show that it has been sent for the Vienna Codification or under the process of Vienna Codification.
After this step in the Trademark registration online, if your application passes through the Vienna Codification then it will be sent to the Trademark Officer. This officer will make sure that your Trademark is up-to-the-mark. If this procedure is complete then only will your business be able to use the trademark successfully.
If there is such a situation in which the Trademark Officer rejects the application then you as a business owner have the right to object this. You have the right to justify why your application should be submitted and why the trade mark should be passed. Even after this, the Trademark Officer has a problem then you can take this to the Intellectual Property Board and discuss the matter with them.
The next step in Trademark registration in India involves publication of the trademark. This is done after the application for the trademark has gone through all of the above processes and then the Registrar will publish in the trademark journal. The public play a role in this step as they have the right to object if they have an issue with the trademark. If there are no issues recorded with 90 days then commencing on the day of publication then the trademark will be registered within 12 weeks of time.
If there does come a situation where someone files a complaint against the trademark then both that person who has filed the complaint and the person registering for the trademark must appear before the Trademark registrar. Their cases will be heard and they will only the process of publication continue.
There is a certificate which is issued that will verify your trademark is authentic.
Even though the procedure for registration for the trademark is confusing and long, I have shown my best on how it can be done. The trademark registration cost is about Rs.6000 form the start of the process to its end. The trademark registration services should be clearly understood and they should only apply for the trademark. Here is a small diagram that will help you to remember this process in amore easier way.