PROCEDURE FOR TRADEMARK
REGISTRATION
Trademark
Registration Procedure:
1.
Trademark Search under the 45 classes:
Conduct a search to ensure your proposed trademark is not already registered or
similar to existing trademarks in the relevant database. In this we have to
first select the class under which our product or service comes. For Example If
our Product is Footwear then the Class applicable will be Class 25 because in
45 classes, class number 25 is applicable on Footwear, Clothing. Thus if a
person wants to trademark his Footwear Brand then first class 25 will be
applicable on his product. The next step is to search whether the proposed
Brand Name is available or not. It means If the proposed Brand name for example
is KIO, then at IPR website first we need to check that KIO is registered in
class 25 already or not? If KIO is not applied or registered, then we can
proceed for TRADEMARK REGISTRATION in class 25.
2.
Application Filing: Submit a
trademark application form along with the required documents and fees to the
trademark office or authority. TRADEMARK
REGISTRATION Documents Required Next step is to make an application at IPR
website of proposed Trademark or Logo Registration. For making an application
first we need DSC i.e. Digital Signatures of Applicant. For applying DSC of
Applicant following is required
1.
Pan Card of applicant
2.
Aadhar Card of applicant
3.
Photo of applicant
Once
DSC generated, an application of TRADEMARK REGISTRATION can be proceeded.
Log
in at IPR website, then Register DSC of Applicant and then apply Trademark of
Brand Name proposed by the Applicant.
3.
Examination: The trademark office
will examine your application to ensure it meets all legal requirements, such
as distinctiveness and non-conflict with existing trademarks. TRADEMARK
REGISTRATION Documents Required also includes this step. Once an application of
TRADEMARK REGISTRATION is done, in 15-20 days it will be clear by tracking the
status of Application at IPR website, whether the application is accepted or
objected by the Registrar of Trademark. If it is accepted then it will be
proceeded for Publishing in Trademark Journal. If it is objected by the
Registrar of Trademark, then reply have to be given on the objection raised by
the Registrar of Trademark.
Objection
can be on the basis of Section 9 or Section 11 of Trade Mark Act, 1999 and
Trade Mark Rules, 2002
Section
9 objection can be if the mark is a common surname/personal name/geographical
name/ornamental or a non-distinctive geometrical figure and as such it is not
capable of distinguishing the goods or services of one person from those of
others.
Section
11 objection can be if the mark is identical with or similar to earlier marks
in respect of identical or similar description of goods and because of such
identity or similarity there exists a likelihood of confusion on the part of
the public.
If
an objection is raised under section 9 or section 11 or both of Trade Mark Act,
1999 then Accordingly, applicant is requested to submit his
response/submissions, if any, along-with supporting documents, with in One
Month from the date of receipt of this Examination Report or he may apply for a
hearing.
Thus
a written reply needs to be submitted at the Office of Registrar of Trademark
and also in reply applicant can also request for hearing in order to give his
submission verbally.
4.
Publication: If approved, the
trademark will be published in a trademark journal to allow for opposition by
third parties.
5.
Opposition Period: There is
typically a window during which third parties can oppose your trademark
registration if they believe it infringes on their existing rights.
6.
Registration: If no opposition is
filed (or if opposition is successfully overcome), your trademark will be
registered and a registration certificate will be issued. Once an application
got registered, it is valid for 10 Years subject to renewal before expiry of
ten years and subject to payment of renewal Fees.
FEES APPLICABLE FOR TRADEMARK
REGISTRATION AND RENEWAL
In
case of Individual/Small Enterprise the Govt Fees payable is 4,500/-
In
case of Big entities i.e. LLP, Private Limited Companies the Govt Fees payable
is 9,000/-
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