A trademark is a unique identity of a product or/and services that can be a logo, slogan, word, graphics and so forth. A trademark is a type of intangible asset for an organization that is registered under the Trademark Act 1999.
Process involved in Trademark Registration
Here is the process involved in Trademark registration:
- Checking the availability of the name
- Confirming the details and documents shared by the customer
- Requesting applicant to sign the declaration form, affidavit and TM-48 Form
- Filing all the forms duly signed by the applicant online on http://www.ipindia.nic.in/
- Trademark examination status of Trademark
- Approved and published status of Trademark
- Providing clarification on behalf of our clients in case of any objection*
*Note: Terms and condition apply
Documents required for Trademark registration
At the time of registering the Trademark, the applicant needs to provide the following documents
- Name of the Applicant
- Type of Business
- Objectives of Business
- Identity Proof
- Business Proof
Steps involved post Trademark application
The trademark registration application submission takes 2 to 3 business working days. Once the application is submitted successfully here are the steps involved post-application:
Examination is the first step that is carried out by the government-appointed trademark examiners. Usually, this step takes a couple of months.
After examining the trademark application the examiner may or may not object the application. However, in case if it is objected then you can rely on our trademark experts who will take care of all the legal work for the clearance of the same. If the examiner does not have any objection your trademark application is processed to the next stage that is publication.
In this step, your trademark is published or advertised in the trademark journal. The trademark will be open for third party opposition for a duration of 4 months from the date of its advertisement. In case if any opposition is filed within this tenure of 4 months, a proceeding will initiate that will be taken care of by our trademark expert team.
Registration of Trademark Application
In case if no opposition is initiated, your trademark application will be registered within a couple of months· We will send you your trademark registration certificate once it is registered.
Type of Trademark symbols and their usages
Once the trademark is successfully registered you get the R symbol in front of the symbol/logo and so forth. R trademark symbol protects your intellectual property safe from the imitators or copiers.
ii. TM SYMBOL
TM symbol appears in case when the applied trademark is under examination. Moreover, the TM symbol warns the other users from using the same trademark. However, in case if your application is rejected the trademark will again be available for the registration.
Q1. What are the Trademark classes?
Ans. Every goods and services under the trademark are divided into 45 groups commonly known as classes. At the time of filing the trademark application, you need to disclose the type of goods or/and services that your business deals in.
Q2. When does a trademark application gets rejected?
Ans. Your trademark application will be rejected when your trademark is similar to any other applied or registered trademark contains a common or geographical name or hurts any religious sentiments.
Q3. When can a person use the TM symbol?
Ans. A person can use the TM symbol as soon as you receive the acknowledgement letter.
Q4. When can I use the R symbol?
Ans. R symbol stands for registered, once your trademark is successfully registered you are eligible to use the R symbol.
Q5. What to do if somebody has a trademarked a similar name?
Ans. In case if somebody has already trademarked the name then you are not eligible to obtain the trademark of the same name. However, you can design a unique logo/symbol/graphic under which you can incorporate the name in it, this is commonly known as composite mark.
Q6. Is there any guarantee that the trademark that I have applied for will get the approval?
Ans. There is no such guarantee as the trademark is completely controlled and distributed by the Government. However, there are higher chances of approval in case if you choose or create unique symbols/logos/words/graphics/composite marks, etc.