Trademark Filings
A trademark is a logo or a combination of numbers and characters that a business exclusively employs to differentiate its services and products from those of its competitors in the market.
A business can ensure that its products and services have unique branding by investing in branding using a registered trademark.
The Trademarks (Amendment) Act regulates the filing and registration of trademarks, thereby improving the protection of trademarks for products and services and preventing the use of fraudulent marks.
This article examines the trademark submission process in India, as well as the necessary documents and the registration process.
Documents Required for Trademark Filing
The following documents are necessary to submit a trademark application:
- Sign Form 48 to authorize an attorney to submit your trademark application.
- Certificate of Registration for Udyog Aadhar: If you wish to capitalize on the reduced trademark charge of Rs. 4500, the government fee for trademark filing is Rs. 9,500 for Partnership Firms, LLPs, and companies that do not possess Udyog Aadhar.
- Certificate of incorporation.
Trademark Filing Process
Filing a trademark application is a simple process. While making a trademark filing, various documents like Form 48, TM-1, and trademark class must be mentioned without any mistakes. Hence, it is best to get help from a trademark Expert while making a trademark application.
Trademark Search
Before filing a trademark application, it is advisable to conduct a trademark inquiry to identify all similar or identical trademark applications filed and their current status. Conducting a trademark search can reduce the likelihood of encountering objections, oppositions, or rejections in the application can be reduced by conducting a trademark search.
Trademark Registration Certificate
- If there is no opposition, or if all oppositions have been resolved, the trademark will be registered. The applicant can now use the R symbol.
- The trademark registration will be valid for a period of 10 years from the date of application, and it is possible to renew it at that time.
Trademark Application Filing
After completing a trademark search, identify the trademark class to apply under and the products or services the mark will represent. Sign Form 48 to authorize the attorney to submit your trademark application.
The Attorney would apply and provide TM-1 using Form 48. Once the Attorney determines that TM-1 is permissible, they submit the trademark application to the government.
Begin using the TM Symbol
The government will assign you a trademark application number. Using the TM symbol, you can obtain the trademark application number within 1–3 working days of applying.
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Trademark Application Processing by the Government
The government will process the application within a year of the trademark filing being finalized. The Trademark Examiner would object if the application were similar to an existing trademark application.
Trademark Objection
After receiving a trademark objection, the applicant has 30 days to respond to the Examiner’s concerns and defend the mark’s registration.
Trademark Hearing
If the examiner is dissatisfied with the documents submitted in response to the objection or requires additional information or documentation, they may demand a hearing. In a hearing with the relevant Officer, a Trademark Attorney can represent the applicant and articulate the reasons for registering the mark.
Trademark Journal Publishing
If the government approves the trademark application, the Trademark Journal will publish it for a period of 90 days. During this period, any individual has the right to object to the mark’s registration. In the event of opposition, the Trademark Registrar would provide the applicant as well as the counterparty with an opportunity to express their concerns.
Trademark Infringement
An offense known as trademark infringement is the use of a registered trademark without the permission of the trademark owner, as outlined in the Trademarks Act. In the event of infringement, a registered trademark owner has the authority to issue a notice to the infringer, asking them to cease using the mark.
If the infringer fails to cease the use of the mark, you have the option to cease the production of all commodities that infringe upon the Trademarks Act and to submit a claim for damages.
Summary
A trademark is a logo or combination of characters that a business employs to distinctively distinguish its products and services. The Trademarks (Amendment) Act protects trademarks in India. The trademark filing process requires the submission of important documents, including a certificate of incorporation, Udyog Aadhar, and Form 48. The process includes undertaking a trademark search to prevent objections, filing under the appropriate class, and utilizing the TM symbol upon application submission. The government processes the application within a year, addressing any objections through necessary hearings. The Trademark Journal publishes authorized trademarks for a period of 90 days, which allows for opposition. The trademark owner may initiate legal action and claims for damages in response to trademark infringement or the illicit use of a registered trademark.
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FAQ’s
A trademark is a combination of numbers and characters, or a logo, that a company exclusively uses to distinguish its services and products from those of its competitors in the market. Investing in a registered trademark ensures unique branding and protection against fraudulent marks.
The following documents are required for filing a trademark application:
- Sign Form 48 to authorize an attorney to submit your trademark application.
- Certificate of Registration for Udyog Aadhar to capitalize on the reduced trademark charge.
- Certificate of incorporation.
Before filing an application, a trademark search is conducted to identify any similar or identical trademarks that have already been filed. This helps to decrease the likelihood of objections, oppositions, or rejections throughout the application process.
Trademark registration is valid for 10 years from the date of application. At the end of this period, you can renew it to extend its validity.
The process entails the following steps: undertaking a trademark search, identifying the appropriate trademark class, signing Form 48, and having an attorney submit the application using Form TM-1. The government assigns a trademark application number, processes the submitted application, and authorizes the use of the TM symbol.
The Trademark Examiner raises an objection, giving the applicant 30 days to respond and defend the mark’s registration. The Examiner may demand a hearing where a Trademark Attorney can represent the applicant if they are not satisfied.
For a period of 90 days, the Trademark Journal publishes approved trademark applications. During this time, any individual can object to the mark’s registration. If both parties file an opposition, the Trademark Registrar gives them a chance to express their concerns.
Trademark infringement refers to the unauthorized use of a registered trademark. The infringer may receive a cease-and-desist notice from the trademark owner. The owner has the right to stop production of infringing goods and file a claim for damages if the infringer continues to use the mark.