TRADEMARK / BRAND NAME REGISTRATION
Through trademarking the name of your product, you secure the brand, its prestige, and your innovations, all of which you have certainly expended a lot of blood, sweat, and tears. And while the trademarking process itself will take time in all areas concerned, nothing would be worse than not defending the name and possibly facing an infringement lawsuit from a larger corporation.
The process of registration of a trade mark in India is now feasible and convenient in such a way that you can trade either of the items below or even a combination of the following:
Letter, Word, Number, Phrase, Graphics, Logo, Sound Symbol, Smell or a Color Mix.
Procedure for electronic registration of trademark
Surf the internet for a brand name that's "wacky-enough"
Preparing an application for a trademark
Request for approval of a brand name
Examining the method of adding the name of the brand
Publication of your name in Indian Trade Mark Journal
Certificate of trademark registration issuance
Steps to
Phase 1: Check the internet for a brand name that's "wacky-enough"
It's just a fast and best way for any novice to get a catchy, fashionable, and interesting brand name. It 's certainly a smart decision to pick up a brand name that's wacky and unique, because most generic names will already be in someone's pockets. In fact, zeroing on a specific name involves a fast cycle of testing to ensure that you do not select a brand name that is already in use. The best part of this is that you can invent or coin several terms with a mixture of common words to create a new brand name for yourself.
Step 2: Preparation of a trade mark application
The following supporting documents, along with the application, must be submitted for approval of an online trade mark:
1.Business Registration Proof: on the basis of the registered business (for example: sole proprietorship and so on), proof of identity of the company's directors and proof of address must be given. In the case of a sole proprietorship company, I d evidence of the owner visz. The PAN card, Aadhar card, can be submitted. Whereas, in the case of businesses, the proof of address of the client needs to be given.
2:A soft copy of a trademark.
3: Proof of argument (which is applicable) of the proposed trade mark can be used in another country.
4: Power of attorney to be signed by the applicant;
Stage 3: Fill in the form for registration of a brand name
Manual Filling and e-filling are two separate ways to file a claim.
If you choose 'manual filling,' then you must personally move and forward your application for registration to the Trade Mark Registry located in major Indian cities such as Delhi, Mumbai, Kolkata, Ahmedabad and Chennai. After that, you have to wait at least 15-20 days to receive the receipt of the acknowledgment.
Nevertheless, in the case of an e-filing scheme, you can automatically receive your acknowledgment receipt on the government website. If you have earned your acknowledgment, you are entitled to use the TradeMark (TM) symbol next to your brand name!
In addition , in the event of refusal due to the lack of approval of the name, the applicant would have a second chance of filling in the same SPICe form without any extra charges. This means that you get two chances of filing the same form without any additional expense of paying Rs. 1000/-both times.
If the name is not accepted in the second go, you can file the SPICe form again from scratch. Any day, this will prove cheaper than choosing the first alternative.
The entire process, including the approval and introduction of names, takes approximately 2-3 days.
Stage 4: Reviewing the method of applying for a brand name
Once the application has been sent, the Registrar will check whether you have complied with certain conditions that your brand name complies with the current legislation. Furthermore, there should be no conflict or dispute between any existing or pending registration marks. That's why we've preferred you to choose an odd brand name!
Phase 5: Publication of your name in the Indian Trade Mark Journal.
After the review process, the registrar will publish your brand name in the Indian Trade Mark Journal. This is definitely the most critical aspect of the registration of a trade mark and there should be no resistance within 3 months (i.e. 90 days) or 120 days, in some cases from the date of publication. Then the brand name is heading towards acceptance.
Step 6: Issuance of the trademark registration certificate
The Registrar will accept your trade mark application if there is no objection within 90 days. Wow! Wow! Wow. And this will be the happiest time for you as the Registrar issues the Registration Certificate with the Trademark Registry Seal.
Right from the moment you have issued your certificate, you can use the registered trademark symbol (®) next to your brand name.
Therefore, with this blog post, we hope that even a novice can understand everything about building a brand name and registering it successfully.
Commonly Asked Questions
Who may apply for a trademark?
In the Trademark Registration process, the person whose name is referred to as the claimant will be declared owner of the trademark until the trademark has been successfully licensed. Any person, business and LLP may be an applicant and can submit an application for registration of a specific trade mark.
Can foreign applicants also apply for registration in India of their trademarks?
Under the Madrid Protocol (the Madrid Agreement concerning the International Registration of Marks of 1891, which entered into force on 1 December 1995 and entered into force on 1 April 1996), an international application for a trade mark may be submitted by the applicant's trade mark office. The trademark office is also known as the Office of Origin. The Office of Origin shall receive the application and forward it to the WIPO.
What is the Protocol of Madrid?
Let's try to understand this agreement with the help of an example.
Imagine that you have a trademark application for the SKIDROW trademark in India that has already been registered or has already been applied for. The next move will be to file an application with the International Bureau (IB) with specifics of the application in India. You can then choose from the 122 countries that are party to the Madrid Protocol where you would like to file them. All offices selected will provide the same information and the trademark SKIDROW will be handled as though it had been registered directly in that specific country.
Are there any benefits to filing in compliance with the Madrid Protocol?
There are a few of them out:-
Common renewal date for all trade marks.
The changes to the marks will pass through the IB, therefore the records will be maintained to facilitate easier audits.
Costs are much smaller.
Why is a trade mark licensed under the Madrid Protocol?
(a) Application;
The trademark must be registered or at least applied for with the Indian Trademark Office in order to be eligible for registration under the Madrid Protocol. The Indian Trademark Office shall then verify that the specifics of the foreign application are the same as those of the specific application / registration. The date on which the foreign application was filed shall also be noted and the application shall be referred to the WIPO.
(b) WIPO test
On receipt of the application, the WIPO shall perform a formal audit in order to verify that the application complies with the relevant requirements. If any irregularities have been identified, the necessary changes must be made within three months for the same purpose. If it is not corrected within the time specified, the application is "Abandoned."
c) Publication of WIPO
If all the steps until this stage has been completed correctly, the application shall be registered in the International Register and published in the WIPO International Marks Gazette.
The Global Registration Certificate will be issued to the claimant via WIPO. In addition, WIPO shall inform all other trade mark offices of the fact that the applicant has chosen to extend the protection of that particular trade mark.
(d) the review by the Trademark Office of the Designated Country
The Trademark Office of the Designated Country shall further examine the application for verification in accordance with the applicable laws of that particular country. Within 12-18 months, the acceptance or refusal of the application shall be forwarded to the WIPO which, in turn, shall inform the applicant of the decision of the Trademark Office of the Designated Country.
e) Advertisement and Registration
The trade mark shall then be published in the Indian Trademarks Journal where it is subject to challenge from third parties for a period of 4 months. In the absence of any opposition after a span of 4 months, enforcement of the trade mark shall be granted by the Indian Trade Mark Registry.
Can the application of the Madrid Protocol be amended and renewed?
The request in respect of those approved by India must be made only by WIPO, which in effect must inform the Indian Trademark Office. Any amendment to be made to the application may be made by filing a single application at WIPO, which will be reflected in all the other designated countries.
The process of registration of a trade mark in India is now feasible and convenient in such a way that you can trade either of the items below or even a combination of the following:
Letter, Word, Number, Phrase, Graphics, Logo, Sound Symbol, Smell or a Color Mix.
Procedure for electronic registration of trademark
Surf the internet for a brand name that's "wacky-enough"
Preparing an application for a trademark
Request for approval of a brand name
Examining the method of adding the name of the brand
Publication of your name in Indian Trade Mark Journal
Certificate of trademark registration issuance
Steps to
Phase 1: Check the internet for a brand name that's "wacky-enough"
It's just a fast and best way for any novice to get a catchy, fashionable, and interesting brand name. It 's certainly a smart decision to pick up a brand name that's wacky and unique, because most generic names will already be in someone's pockets. In fact, zeroing on a specific name involves a fast cycle of testing to ensure that you do not select a brand name that is already in use. The best part of this is that you can invent or coin several terms with a mixture of common words to create a new brand name for yourself.
Step 2: Preparation of a trade mark application
The following supporting documents, along with the application, must be submitted for approval of an online trade mark:
1.Business Registration Proof: on the basis of the registered business (for example: sole proprietorship and so on), proof of identity of the company's directors and proof of address must be given. In the case of a sole proprietorship company, I d evidence of the owner visz. The PAN card, Aadhar card, can be submitted. Whereas, in the case of businesses, the proof of address of the client needs to be given.
2:A soft copy of a trademark.
3: Proof of argument (which is applicable) of the proposed trade mark can be used in another country.
4: Power of attorney to be signed by the applicant;
Stage 3: Fill in the form for registration of a brand name
Manual Filling and e-filling are two separate ways to file a claim.
If you choose 'manual filling,' then you must personally move and forward your application for registration to the Trade Mark Registry located in major Indian cities such as Delhi, Mumbai, Kolkata, Ahmedabad and Chennai. After that, you have to wait at least 15-20 days to receive the receipt of the acknowledgment.
Nevertheless, in the case of an e-filing scheme, you can automatically receive your acknowledgment receipt on the government website. If you have earned your acknowledgment, you are entitled to use the TradeMark (TM) symbol next to your brand name!
In addition , in the event of refusal due to the lack of approval of the name, the applicant would have a second chance of filling in the same SPICe form without any extra charges. This means that you get two chances of filing the same form without any additional expense of paying Rs. 1000/-both times.
If the name is not accepted in the second go, you can file the SPICe form again from scratch. Any day, this will prove cheaper than choosing the first alternative.
The entire process, including the approval and introduction of names, takes approximately 2-3 days.
Stage 4: Reviewing the method of applying for a brand name
Once the application has been sent, the Registrar will check whether you have complied with certain conditions that your brand name complies with the current legislation. Furthermore, there should be no conflict or dispute between any existing or pending registration marks. That's why we've preferred you to choose an odd brand name!
Phase 5: Publication of your name in the Indian Trade Mark Journal.
After the review process, the registrar will publish your brand name in the Indian Trade Mark Journal. This is definitely the most critical aspect of the registration of a trade mark and there should be no resistance within 3 months (i.e. 90 days) or 120 days, in some cases from the date of publication. Then the brand name is heading towards acceptance.
Step 6: Issuance of the trademark registration certificate
The Registrar will accept your trade mark application if there is no objection within 90 days. Wow! Wow! Wow. And this will be the happiest time for you as the Registrar issues the Registration Certificate with the Trademark Registry Seal.
Right from the moment you have issued your certificate, you can use the registered trademark symbol (®) next to your brand name.
Therefore, with this blog post, we hope that even a novice can understand everything about building a brand name and registering it successfully.
Commonly Asked Questions
Who may apply for a trademark?
In the Trademark Registration process, the person whose name is referred to as the claimant will be declared owner of the trademark until the trademark has been successfully licensed. Any person, business and LLP may be an applicant and can submit an application for registration of a specific trade mark.
Can foreign applicants also apply for registration in India of their trademarks?
Under the Madrid Protocol (the Madrid Agreement concerning the International Registration of Marks of 1891, which entered into force on 1 December 1995 and entered into force on 1 April 1996), an international application for a trade mark may be submitted by the applicant's trade mark office. The trademark office is also known as the Office of Origin. The Office of Origin shall receive the application and forward it to the WIPO.
What is the Protocol of Madrid?
Let's try to understand this agreement with the help of an example.
Imagine that you have a trademark application for the SKIDROW trademark in India that has already been registered or has already been applied for. The next move will be to file an application with the International Bureau (IB) with specifics of the application in India. You can then choose from the 122 countries that are party to the Madrid Protocol where you would like to file them. All offices selected will provide the same information and the trademark SKIDROW will be handled as though it had been registered directly in that specific country.
Are there any benefits to filing in compliance with the Madrid Protocol?
There are a few of them out:-
Common renewal date for all trade marks.
The changes to the marks will pass through the IB, therefore the records will be maintained to facilitate easier audits.
Costs are much smaller.
Why is a trade mark licensed under the Madrid Protocol?
(a) Application;
The trademark must be registered or at least applied for with the Indian Trademark Office in order to be eligible for registration under the Madrid Protocol. The Indian Trademark Office shall then verify that the specifics of the foreign application are the same as those of the specific application / registration. The date on which the foreign application was filed shall also be noted and the application shall be referred to the WIPO.
(b) WIPO test
On receipt of the application, the WIPO shall perform a formal audit in order to verify that the application complies with the relevant requirements. If any irregularities have been identified, the necessary changes must be made within three months for the same purpose. If it is not corrected within the time specified, the application is "Abandoned."
c) Publication of WIPO
If all the steps until this stage has been completed correctly, the application shall be registered in the International Register and published in the WIPO International Marks Gazette.
The Global Registration Certificate will be issued to the claimant via WIPO. In addition, WIPO shall inform all other trade mark offices of the fact that the applicant has chosen to extend the protection of that particular trade mark.
(d) the review by the Trademark Office of the Designated Country
The Trademark Office of the Designated Country shall further examine the application for verification in accordance with the applicable laws of that particular country. Within 12-18 months, the acceptance or refusal of the application shall be forwarded to the WIPO which, in turn, shall inform the applicant of the decision of the Trademark Office of the Designated Country.
e) Advertisement and Registration
The trade mark shall then be published in the Indian Trademarks Journal where it is subject to challenge from third parties for a period of 4 months. In the absence of any opposition after a span of 4 months, enforcement of the trade mark shall be granted by the Indian Trade Mark Registry.
Can the application of the Madrid Protocol be amended and renewed?
The request in respect of those approved by India must be made only by WIPO, which in effect must inform the Indian Trademark Office. Any amendment to be made to the application may be made by filing a single application at WIPO, which will be reflected in all the other designated countries.
