Complete Trademark Registration Process in India

Narendra Kumar

16 Dec, 2020

Trademark registration in India is obtained for words, logo, numerals, slogan, and device. Trademark registration provides an exclusive legal right to the owner of the trademark to use such a logo, numeral or slogan. However, registering a trademark is a long procedure that involves multiple steps.  There are following steps included in the trademark registration process:

Trademark Search

Before registering any trademark it is necessary to conduct a trademark search. This trademark search will help in providing information about any identical or similar trademark that is already been registered or an application for registration is pending with the trademark registry. A trademark search can be conducted online.

Trademark Filing

Once the trademark search has been completed, then an application for trademark registration can be filed with the Trademark Registrar. Registration fees shall also be paid along with the application for registration.  The trademark application is filed with the Trademark Registrar Office having jurisdiction over the state. A trademark application can be filed physically or online.

An application for trademark registration must contain the following information:

• Trademark or the Logo.
• Trademark owner details i.e. Name & the address.
• Trademark class or the classification.
• Description of the goods/ services.

Trademark Application Allotment

After an application for trademark registration is filed, trademark registrar will provide an allotment number within 2-3 working days of filing the application. On obtaining the allotment number the owner can affix the TM symbol next to the logo.

Vienna Codification

Vienna codification/classification is an international classification of figurative elements of marks. After filing the application for registration, Trademark Registrar will apply the Vienna Classification to the trademark, this classification will be based on figurative elements of marks. Until this work is in progress the application usually shows sent for Vienna Codification.

Trademark Examination

As soon as the Vienna Codification^[1] is complete, an application for trademark registration will be allotted to Trademark Officer. After receiving the application, the Trademark Officer will review the application for any correctness and then issue a Trademark Examination Report. The Trademark Officer has the right to accept, reject or object the application for registration.

If the Trademark Officer objects the application for registration, the trademark applicant possesses the right to appear before the Trademark Officer and address all the issues and objections, and if the trademark officer is satisfied with the justification of the trademark applicant then he would allow for trademark journal publication. And in case the trademark applicant is not satisfied with the clarification then, in that case, the trademark applicant has the right to appeal the decision of the trademark officer before the Intellectual Property Appellate Board.

Trademark Journal Publication

On the acceptance of the Trademark application, the proposed trademark will be published in the Trademark Journal. The trademark journal is published weekly and contains details of all those trademarks which have been accepted by the Registrar. And on the publication of the trademark in the journal people get the opportunity to object such registration. If no objection is filed within 90 days of such publication then that mark will be registered.

And in case the trademark registration application is opposed by the third-party, hearing will be done before the Trademark Hearing Officer. Both the party i.e. the trademark applicant and the opposing party have the chance to appear at the hearing and provide justifications/clarification for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the Trademark Hearing Officer will accept or reject the application. The decision of the Trademark Hearing Officer can also be challenged before the Intellectual Property Appellate Board.

Trademark Registration

After there are no objections regarding the registration, the trademark certificate will be prepared and will be sent to the applicant. And on the grant of the certificate of registered trademark is considered to be registered and the owner of the trademark gets an exclusive right to use that mark.  The ® symbol can now be placed next to the logo or trademark.