It is essential to obtain trademark registration for the business name/trade name under the Trademarks Act. The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R) and seek the relief of infringement in appropriate courts in the country. A trademark availability search is a must before huge amounts of money and time are invested in a trademark as the cost involved in it is quite insignificant in comparison to the efforts and costs involved in rebranding due to infringement of other rights.
Before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark. The classes under the 9th edition of the NICE international classification system divides different types of goods and services into different classes.
Trademark Registration Process:
- Upon the filing of the application, an official receipt with the filing date and number allotted to the application will be issued by the registry.
- The Indian Trade Marks Office then formally examines the application if there is a similarity with an already existing mark. An official examination report will be issued If an objection to registration is raised.
- To overcome the objection, the trademark holder needs to file a proper legal reply to the Trade Mark Registry in order to overcome the same which may be accepted or may be followed by a hearing.
- The applicant or agent if appointed is required to respond to the examiner’s objection(s) within a period of one month from the date of receipt of Examination Report. Failure to respond to the examination report within this specified period can lead to abandonment of application.
- A Letter of Acceptance will be issued, following examination, if the trademark application complies with all the necessary provisions under the act. The trademark will then be published in the Trade Marks Journal and the trademark registration certificate will be issued if there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal.
- Once the trademark is registered, it is valid for a period of 10 years from the date of application after which it can be renewed indefinitely as long as the renewal fees are paid every 10 years.
I hope this helps you.