All about Trademark and Timeline for Trademark Registration Process in India

People may run any form of business, with a few restrictions. As a result, there are others in the same industry, resulting in increasing competition. Many comparable products are offered, leading to buyer confusion. Some people began selling counterfeit goods, necessitating the use of a Trademark.  In this article, there is detailed information on Trademarks, the Trademark Registration Process, the time it takes to register a Trademark in India, and other Trademark-related information.

Introduction

A Trademark aids the customer in determining the product’s validity and the genuine vendor. However, because Trademark Registration is a time-consuming process, many people avoid doing so. The Trademark ministry has become more proactive, reducing the time it takes to register a brand. Previously, the time it takes to register a trademark in India is 15-18 months, but currently, assuming there are no objections, the time it takes to register a trademark in India is reduced to only 6-8 months after the application and advertisement process completed in trademark registration.

What is a Trademark?

The term Trademark is the legal term for  “Intellectual Property”. The Dictionary meaning states it as a symbol, word, or words legally registered or established by use as representing a company or product. One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A Trademark identifies the brand owner of a particular product or service.

Timeline for Trademark Registration Process in India

• Conduct the Trademark Search  

Trademark Search is a detailed check on the Trademark logos and brand names to ensure that the trademark selected is not already registered under anybody else’s name. The trademark can be registered once it is found to be unique. In case your logo or brand name is already registered by someone else, one can find ways to modify it so that the registration does not get canceled.

• Preparation of a Trademark Filing

After completing a Trademark Search, you can file an application for Trademark Registration with the Trademark Registrar. The Trademark Registration application must be completed in the required way and filed with the Trademark Registration Fee. A Trademark Application can be filed in person or online at one of the five Trademark Registrar Offices in the state.

• Preparation for Trademark Application

Once the filing process is completed, within two to three days a trademark application allotment number is issued by the government authority. The application for a trademark can then be followed online using the Online Trademark Search Tool. The Trademark owner can usually add the TM symbol next to the logo after receiving a Trademark Application allotment number.

• Sent for Vienna Codification

It is a requirement of Trademark Registration. If the Trademark incorporates figurative features or a logo, it will be treated according to the Vienna codification. According to the Vienna Agreement, it is given a Vienna code. It allows you to search for a logo’s Trademark for internal usage. It takes roughly 3-5 working days because it is a Ministry internal operation.

• Trademark Application Examination Process

The Trademark Registration Application will be assigned to a Trademark Officer in the Trademark Registrar Office once the Vienna Codification is finished. Following that, the Trademark Officer would check the Trademark application for accuracy and produce a Trademark examination report. The Trademark Officer can accept the Trademark Registration application and allow it to be published in the Trademark journal, or he or she might object to the trademark registration application.

If the Trademark Officer objects to the trademark registration application, the trademark applicant can appear in front of the Trademark Officer and address the objections.

The Trademark would be permitted for trademark journal publication if the Trademark Officer was satisfied with the trademark applicant’s reasoning. The trademark applicant can appeal the Trademark Officer’s decision to the Intellectual Property Appellate Board if the Trademark Officer is not satisfied with the justifications.

• Trademark Accepted and Advertised Process 

The proposed trademark will be published in the Trademark Journal once the Trademark Registrar accepts the trademark registration application.

The trademark journal is published weekly and contains all of the trademarks that the Trademark Registrar has approved. After the trademark is published in the trademark journal, the public has the right to object to the trademark registration if they believe it would harm them.

If no objections are lodged within 90 days of the mark’s publication, it will usually be registered within a month.

• Trademark Application Accepted or Rejected

The Trademark Hearing Officer will arrange a hearing if a third party objects to the trademark registration application. At the hearing, both the trademark applicant and the opposing party have the opportunity to testify and explain why the trademark application should be approved or denied.

Based on the hearings and evidence given, the Trademark Hearing Officer will decide whether the trademark registration application should be accepted or rejected. It is also possible to appeal the Trademark Hearing Officer’s decision to the Intellectual Property Appellate Board.

• Trademark Registration

The applicant will be issued a trademark certificate if the following conditions are met:

• If no resistance is filed within four months of the trademark being published in the journal.
• In the event of an objection, an officer will issue an order of hearing in the applicant’s favor.

The applicant will receive the trademark registration certificate in a month in both situations, completing the trademark registration process. After getting the trademark registration certificate, the applicant can use the “R” sign with its brand name or logo. The ministry does not provide a physical copy of the certificate; rather, after entering the application number, it can be retrieved online through the trademark site. 

Conclusion

The application for a trademark goes through several phases and thus takes time. However, if the brand name is distinctive, the registration certificate can be obtained in 6 to 8 months. Because the application is handled by the Trademark Ministry, the time it takes to process it is entirely dependent on government processing times. To prevent a lengthy registration term, one should use a unique business name.