How to reserve the trademark?
To reserve the trademark, one needs to apply for the reservation through the trademark application form i.e. TM 1, this can be done either manually or electronically.
What is the process & cost involved?
Step 1: Trademark availability search
Like we search for the availability of name before registering the name, we also need to search if the trademark you are trying to reserve resembles any existing trademark, doing so would prevent from any objection that might come otherwise.
Time & cost involved: It generally takes a day to the search in the trademark records registry, this can be done online or through the trademark office. There is generally no cost involved in this process if you are doing it on your own, however it is always better to get this done through a professional, who knows the process inside-out.
Step 2: Filing the TM-1 Application
After searching for the availability, one must apply for the reservation of trademark. This application can be made online at http://ipindiaonline.gov.in/trademarkefiling/ or offline application can be made at the offices of trademark registry.
The application broadly requires the information about
- The chosen “Mark”
- The trademark owner &
- The goods & services for which trademark would be used
Time & cost involved: It costs Rs 4000 per application per class and generally take 1-2 days.
Step 3: Examination of the application by the registrar
After you have submitted the application, the office or the registrar of trademark will examine the uniqueness of the mark and he will either accept the application or will object it.
Normally an objection is made due to the following reasons:
- The proposed trademark is similar or resembles an existing trademark
- If it contains some obscene or unlawful content
On such finding, he raises an objection or in other words he would propose certain terms, amendments, limitations etc.
Step 4: Accepting/challenging the objection
Now if you find the objection reasonable, you could accept the objection and do the necessary modification or if you do not find it reasonable, you could object the same with the help of a lawyer.
Time & cost involved: Challenging an objection would require the services of a lawyer and time & cost would depend upon the nature of objection.
Step 5: Publishing the trademark in the Trademarks Journal
The next step would be to publish the trademark in the Trademarks journal, this is done to give an opportunity to oppose the published trademark, anybody from public can raise an opposition against the trademark within 3-4 months from the publication.
Trademark certificate is issued
If no one from the public raises an objection against the published trademark within the stipulated timeframe, the application is finally accepted by the registrar and issues a certificate in this regard.
Now you could use the trademark next to your business or brand name freely!
This might look as a lengthy process but the trademark once accepted is valid for the next big 10 years! And you can always renew it at the end of that time.
Courtesy: Abhinandan Sethia