What is the procedure for registeering a brand name?
Nitish Banka (lawyer) 08 July 2016
Register trademark by filing application in Trade marks office. In delhi tm office is in Dwarka
Advocate Nitish Banka
Archit Agarwal 06 September 2017
The trademark registration process is same all over the India. You can register your trademark in Maharashtra by following the same steps as you follow to register the trademark in India.
Trademark Registration Process
Step 1: Trademark research
In the initial stage, you need to do the proper research before selecting a trademarkfor your business. You need to identify the class and availability of the trademark with the registry.
Step 2: TM form filing
Once the uniqueness is achieved in mark, you need to file an application in form TM-A with the registrar for registration of a trademark with the requisite fee and documents. After filing the application, the company can use the symbol ‘TM’ until the trademark approved.
Step 3: Allotment of application number
After filing the trademark registration application with the Registrar, an application number will be generated which helps you to track the application status online.
Step 4: Examination of application
After trademark application filed at the trademark registrar office who has the jurisdiction over the state, trademark examiner check the trademark application in accordance with the provisions of Trademark Act. The registrar may accept or object the application on the relative or absolute grounds.
Step 5: Receipt of examination report
Once the trademark examiner reviews the application, an examination report issued by the registry. Usually, report would be issued within 3 months to 1 year depending on the back log of the registry.
Step 6: Reply to the examination report
Once you get the examination report, you need to file the reply with the registrar to escape the objection raised by the trademark examiner. You need to file the reply within30 days counted from the day of receiving the examination report. Non filing of the reply leads to abandon the trademark application.
Step 7: Advertisement of trademarks journal
If no objection is raised by the registrar the or in case of objection, satisfied with the reply, the trademark registrar will publish the mark in trademark journal. The filed trademark application is advertised in trademark journal to invite the public to oppose for the mark.
Step 8: Opposition (if any)
After publishing the trademark the third party have an opportunity to raise the objection within 90 days from the date of publication. If the third party opposed the trademark application then both the parties have the chance to appear at the hearing.
Step 9: Certificate of registration
When objections and oppositions (if any) are satisfied which are raised by the examiner or third party, then trademark registration certificate issued to the applicant. Registration of the trademark granting the exclusive use to the owner of the registered trademark. For registered trademark symbol ‘R’ has to be used.
Archit Uniyal 13 May 2020
The main purpose of a trademark is to help the consumer recognize the source of a particular good or service. The source, in turn, helps people determine the quality as that is what consumers usually base their purchase decisions on. This is why a trademark is of extreme importance in the economy.
The brand value of the trademark owner is represented by a Trade Mark. Trade Marks prevents dishonest individuals/groups from taking undue advantage of a person’s work and traversing credit away from the actual user/creator and hence are an integral part of the use of goods and utilization of services.
You may read these article for understanding the process of Trade Mark registration: