TRADEMARK REGISTRATION PROCESS
1. TRADEMARK SEARCH :
A Trademark search is important to check if the mark to be registered is already taken by others or is closely similar to existing trademarks
- Our experts will do a thorough search across the trademark database for your mark/word mark /logo to check whether the mark you want to register is available or not.
- Tradeline helps give suggestions to create a new logo or a unique and distinctive mark for a trademark that can be easily registered.
- Free of cost search report.
2.TRADEMARK APPLICATION :
- After the trademark public search has been conducted, and if no pre-existing word mark with the same name is found, then Attorneys file the trademark application in the trademarks office.
- use of (TM) symbol in a single day
3. EXAMINATION BY THE GOVERNMENT AUTHORITY.
- Once the application is dispatched .within a period of 30 days The examination report by the authority may not or may disclose some objections due to certain structural and phonetic similarities or maybe due to the non-distinctive nature of the mark.
- A reply to the examination report is required to be filed within a period of 30 days after receiving the report.
- At tradeline, attorneys highly specialized in drafting Trademark Objection Replies will file the reply.
4.TRADEMARK SHOW CAUSE HEARING
- After reply to the examination report, the Examiner (Trademark Authority) may accept the mark and subsequently forward the application for publication in the journal or may appoint a hearing if the Examiner is not entirely satisfied by the reply filed.
- Our attorneys attend the hearing fixed by the examiner.
5. Publication of your brand in the Indian Trade Mark Journals
- After the process of examination, the Registrar of Trademark will publish your trademark in the trademark journal. There should not be any opposition by the third party within 4 months, from the date of publication. When there is no opposition, your application will be processed further for issuance of the Trademark Registration Certificate.
1. OPPOSITION ( does not apply in each and every application)
- NOTICE OF OPPOSITION BY THIRD PARTY
Once the trademark is published in the Trade Marks Journal within the 4-month period any person can oppose the mark by filing a Notice of Opposition on the prescribed Form TM-O
- REPLY TO NOTICE OF OPPOSITION /COUNTER STATEMENT
If there is any opposition by a third party within 4 months of the trademark publication in the trademarks journal, you have to submit a counter-statement to the Registrar within 2 months in support of your application and in reply to opposition by way of Form TM-O. If you do not submit the counter statement within 2 months, the trademark application will be rejected.
2. Evidence in Support of Opposition
- Within two months from receiving a copy of the counter statement, the opponent shall submit such evidence in support of the opposition in the form of an Affidavit under Rule 45.
3. Evidence in Support of Application
- Within two months of receiving the evidence under Rule 45 from the opponent, the applicant shall submit evidence in support of the application by way of Affidavit under Rule 46.
4. Reply Evidence in Support of Opposition
- Within one month of receiving the Affidavit and evidence under Rule 46 the opponent is again given one additional month to submit Evidence in response to the Applicant’s evidence under Rule 47.
5. OPPOSITION HEARING
- Hearing is the last stage of opposition, upon completion of evidence submission by both parties, the registrar shall appoint a hearing, both the sides are heard by the officer and after the hearing officer will pass the necessary order. If the order passes in the favour of the applicant then the trademark will get registered otherwise it will get abandoned.
- At Tradeline, attorneys highly specialized in drafting Trademark opposition replies, will file the reply.
6. TRADEMARK REGISTRATION CERTIFICATE:
- If the officer passes the order of hearing in applicant’s favour, the trademark is approved for registration. The registration certificate can be obtained. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application.
TRADEMARK TRANSFERS AND ASSIGNMENTS.
- A Trademark is an intellectual property, it is an asset in itself. The owner of a trademark has the right to sell his/her trademark. The owner of a trademark can transfer his/her right with regard to its trademark either by trademark licensing or trademark assignment under the Trademark Act, 1999.
- Our attorneys file the TM-P form with all the required details and all the necessary documents required for Trademark assignment to the Registrar of the Trademark.
CHANGE OF NAME AND ADDRESS OF OWNER OF THE MARK.
- Form TM-M is filled to correct the name or address of the applicant because of a clerical error for pending trademark.
- Form TM-P is filled to correct the name or address of a registered owner because of a clerical error
TRADEMARK RENEWALS
- The trademark/ brand name registration is valid for a period of 10 years. The registration needs to be renewed every 10 years in order for it to be valid. The Firm assists its clients with the renewals of their trademark.
INTERNATIONAL TRADEMARK FILING
International Trademark Filing through Madrid Protocol
- Madrid Protocol is administered by the World Intellectual Property Organization (WIPO).
- 99 countries from across the world have joined the Madrid Protocol.
- India is a member of the Madrid Protocol.
- Through Madrid Protocol, the trademark owner can protect his/her trademark in several countries by filing one application directly in his/her own national or regional trademark office.
- Our experienced team assists our domestic clients, in protecting their trademarks worldwide under the Madrid Protocol.
Process and Stages of Trademark Registration through the Madrid Protocol.
