The procedure for applying for a trademark is generally the same in jurisdictions worldwide, with a few minor differences. For example, in the US, the USPTO’s power supervises the entire system. Trying to get ready to submit an application expressing interest in registering your trademark and beginning the process also includes the following steps:
Trademark Search:
i) To reduce the possibility of an objection or violation claim in the future, a complete internet check of the Trademark Registry database must be done before submitting the trademark application.
First, a quick search is created for visually or phonetically comparable marks.
Second, qualified attorneys must do a full search because they know the feedback from several sources, including company names, state trademarks, publications, domain name databases, and social media searches for a broader scope of removing problematic issues.
Lastly, Trademark Image Search is a tool independent of scale, position, and background. In addition to comparing different logos directly, it also looks at visual similarities, design imitations, and uniqueness.
ii) The application must be written to contain information like the applicant’s name and the type of applicant’s organization, such as an individual, LLP, partnership, company, or other legal body. Name and designation of the authority, the person applying on the applicant’s account, and information about the mark. In other words, the type of mark that was registered and the date when it was first used in India or outside of India. Listing of the products or services that the mark will be registered for.
How to apply for a trademark: Category and documentation searches:
From a total of 45 classes, the next step is to select the suitable class(es) for your business. Our experts will assist you in selecting the best lessons to cover every aspect of your business. You can start uploading all the necessary documents for trademark registration simultaneously on your dashboard (see the list below). All your documents will be examined and verified by our staff after you upload them. We will then fill out the trademark application form and submit it along with the appropriate documentation. Our team will verify your application to ensure it is accurate and error-free. The relevant form must then be sent to the trademark office electronically through e-filing or directly via fast post. Multiple classes of trademarks may be registered using a single application.
How to file a trademark application: Details before filing:
- iv) The documents submitted with the application must be typewritten, printed, or handwritten in Hindi or English. They also must contain the signatures of the applicant and the date or the authority filing on their behalf, as well as the date, location, and digital signatures in the case of electronic filing.
If an agent or lawyer is not applying, all applicants applying for the trademark must sign it. For offline people in India, the stated price is INR 5000. For corporations, it is 10000 and 9000, respectively, under the e-filing method, and 4500.
Registration:
v) The application will then be handled by the register and go through several steps before being filed as a trademark, such as:
Objections: The trademark observer may find problems or technical issues with your trademark registration, such as the submission of an incorrect trademark form, incorrect name/details, the use of dishonest or offensive terms, insufficient information on goods or services, or the presence of a similar or identical mark. Within 30 days, the response to the same must be filed. If the claims are not satisfactory, a hearing may be hosted.
Opposition:
Following publication in the journal, a trademark may be protested by third parties who believe it may negatively affect their own by information in a legal action filed with the trademark examiner. The applicant must deliver a reply to the Registrar within two months.
A hearing is conducted where both parties present their cases if the counter-reply is unsatisfactory. A judgement is also given out. To the Intellectual Property Appellate Board, this may be appealed within three months.
Why IIPLA?
- Our specialists can conduct a complete trademark search within their database with specifically made tools and technologies.
- You will receive assistance with class selection and documentation.
- Prepare and submit a precise application, and keep you updated at all points.
- To improve the chances that your application will be accepted, prepare strong responses to possible complaints and challenges.
