Trademark, the visual symbol or sign in the form of labels, words, logo, numerals, devices, slogans is a powerful tool to depict the authenticity of your product or service. The one and only solution to safeguard you and your business interests is by registering the trademark and avail protection under Trademark Act, 1999.
The entire process may take up to 18 months or so, but the wait is definitely worth, considering your reputation at stake.
Keep documents ready:
Akin to any other registration process, it would always be a smart move to keep all documents and requisite information ready so as to avoid complications at a later stage.
- Design of Logo or Trademark or service mark
- Details of applicant including name and address and state of incorporation of a company
- Details of goods or services that are proposed to be registered.
- Details of earlier use of trademark
Step #1: Search for trademark
Before submitting the application for the trademark, search the database of existing trademarks and make sure your proposed trademark does not have any resemblance. Although the search can be done either in online or offline mode.
Step #2: File your application
Draft your trademark application along with fees and all information and documents mentioned above. A trademark application can be made either through online or at one of the five trademark registrar offices that have its jurisdiction control over the state. Once submitted, a trademark application allotment number is allotted which can be used to track the status of the application in ensuing days. Another advantage of getting an allotment number is that you can start affixing TM symbol adjacent to your proposed logo or symbol.
Step #3: Vienna codification and trademark examination
- All trademark applications need to undergo Vienna classification to ensure its authenticity.
- Subsequently, after the completion of Vienna codification, your application would be reviewed by a trademark officer and the applicable examination report would be issued.
- In the case of objection by trademark officer, necessary objections or clarifications can be presented for review.
- If the application is still not approved, the applicant can approach the IP appellate board for further appealing.
- After the acceptance of a successful review of an application, the trademark shall be published in the Trademark journal to present an opportunity of 90 days for the general public to voice their opinion of objection if any.
Step #4: Receipt of trademark registration
After completing all the formalities and clearing objections, if any, the trademark manuscript and certificate would be issued to the applicant. Now you can legally place the registered symbol next to your logo or trademark.
Procedure to change trademark
With a changing scenario of business prospects or strategies, it may be necessary to change the trademark symbol of your business. But care should be taken to ensure that the new proposed trademark does not get drastically affected when compared with earlier one. The modified trademark along with application procedure as done previously should be started all over again to get your symbol or logo ratified.