Offline & Online Trademark Registration Process Explained

source: vakilsearch

You may have noticed the trademark of companies present on their package, label, voucher, product, or corporate property. A trademark is an intellectual property with a distinctive sign, image, slogan, word, or symbol used on goods and services. Various companies create trademarks to help citizens distinguish their company’s products from competitors. 

Read further to know in detail about trademark application, how to register for it, eligibility, registration fees, and its benefits.

Trademark registration is a process through which companies can protect their brand name or image for a long period of time. A company mandatorily uses a trademark to build brand identity and reputation. Through a trademark, one gets an exclusive right to secure one’s brand and remove the possibility of competitors copying the brand name. By making a stand-out trademark, entrepreneurs can also help a customer to make their purchasing decisions.

Now that you know what is trademark registration, it is time to identify whether you are eligible for the registration or not.  

Any individual, proprietor, company, or legal entity with a unique brand name or logo can apply for a trademark.

Below are the documents you are required to present for the trademark application process:

• Address proof of the applicant
• Copy of applicant’s PAN card
• Aadhaar card or MSME registration certificate 
• Business proof

Here is a detailed step-by-step guide on how to do trademark registration:

Step 1: Trademark Research and Analysis

Before filling out a trademark registration form, search for a unique and distinctive trademark. You should conduct this research to determine whether or not a similar mark to the one selected by your company already exists. Moreover, you also get to know whether there is an existing competing company in the same trade, or not. It is because all the existing trademarks are available in the Trademark Registry.

Step 2: Filling an Application Form

After completing this research process comes the application filling process. To file a trademark application, you have to fill out Form TM-A either online or by being physically present at the Trademark Registry Office. You must provide all the important documents and fill up trademark information. In addition, if a trademark is already in use, an affidavit and proof of prior use must be submitted.

Step 3: Examination Procedure

After submitting this trademark application, the Registrar will conduct an extensive examination and send a report within 30 days. This report states whether the application will be accepted or rejected and provides supporting documents. You must respond within 30 days of receiving an examination report and provide valid reasons why the application should not be denied.

Step 4: Post-Examination Procedure

If you do not respond within a specified time frame after applying, your trademark application will be discarded. An examiner may call a hearing to settle any disputes if needed. Following the hearing, the analyst will decide whether to approve or disapprove the request. If the mark is sanctioned, it will be published in the Trademark Journal for four months.

Step 5: Publishing the Trademark Application

After the publication of this trademark, any third party can file an opposition against you if needed. If there is no objection, the trademark proceeds for registration. However, if a third party opposes this publication, then you will be called for a hearing by the Trademark Hearing Officer. 

This includes providing evidence to determine whether the trademark will be accepted or not. The decision by the Trademark Hearing Officer can also be challenged by the Intellectual Property Appellate Board.

Step 6: Registration Certificate

Once there is no opposition to the trademark registration application, you will get the certificate of registration.

If you are wondering how to get a trademark in India, you can get one by registering for it either online or offline mode.

Online Mode:

Following is the step-by-step process to register a trademark in India:

Step 1: Firstly, you must conduct a trademark search to understand the identical trademarks available and plan your logo accordingly. After ensuring that your selected logo is non-conflicting, you can proceed to register the same.

Step 2: To register a trademark online, you need to visit the official website for E-Filing of Trademarks. 

Step 3: Here you have to provide a digital signature and fill out all the details required for trademark registration. 

Step 4: Submit all the documents required. An examiner will verify all the documents and the signature before proceeding further with the application process.

Step 5: Then, the trademark will be published in the Trademark Journal. Publishing the trademark in the journal helps the authority to invite objections from third parties. If there is no objection during the given timeline, the official will approve to proceed further. However, if the trademark attracts objections, the officials will conduct a fair hearing.

Step 6: Finally, the registrar grants the registration certificate to the applicant. The trademark remains valid for ten years.

Offline Mode:

You can apply for trademark procedure in offline mode by following the below steps:

Step 1: You can also register a trademark offline by visiting any Trademark Registry Office based on the jurisdiction.

Step 2: Carry all the documents required to submit alongwith your application.

Step 3: After verifying all the documents the officials will publish your trademark in Trademark Journal to invite objections, if any. If there is no objection from any third party during the given timeline, the official will proceed with your application further. However, if the trademark attracts objections, the officials will conduct a fair hearing.

Step 4: The official grants approval of the trademark and provides a registration certificate to the applicant.

You can check the status of your trademark application by following the below steps:

Step 1: Visit the official website for E-Register & Application Status. 

Step 2: After visiting the website, you need to click on the Trademark Registration Number or Registered Trademark button. 

Step 3: Then, enter the Trademark or Application Number and fill out the code as displayed on the screen. 

Step 4: Finally, you will be able to view your trademark application status.

Below is a list of benefits of registering a trademark for your goods and services:

1. Longevity

The trademarks are valid for decades giving your company brand protection for a long time. You can renew the trademark again after it reaches the expiration date.

2. Legal Protection of Intellectual Property

A registered trademark is protected by law, and the owner can take legal action against anyone who infringes on their trademark.

3. Provides a Unique Brand Identity

A trademark improves brand recognition by making it easy for customers to recognize the brand and its products or services.

This is all the information one would want to know on the trademark application process, who are eligible for it and the benefits.