ONLINE TRADEMARK REGISTRATION PROCESS

Introduction

One of the foremost valuable assets in a business is a trademark. There are several instances where people have copied not only ideas, strategy, packaging but also the trademark. But if one has registered a trademark then the rights of the trademark holder are protected. When the owner fails to register the trademark of his business, the company is open to risk and lands up paying high cost and resources for stopping the use of their trademark. 

Steps of registration for e-filing

1. Firstly, procure the digital signature of class III from any Certified Authorities of India and install the same on your computer.

2. Select one of the options from “type of applicant” and enter the code.

3. Fill the “search text in Attorney Name” and submit it.

4. Enter new attorney details.

5. Now, upload the documents that are being asked.

6. Select the options from “upload document for” and upload the document.

7. Now, login with Password or digital signature and enter the captcha.

8. The following message will display on the screen “Welcome to the comprehensive online filing of Trademark”.

Purpose of Digital Signature Certificate in registration of the trademark

The Information Technology Act, 2000 makes the use of digital signature mandatory on electronic documents for ensuring its security and authenticity. Obtaining of Class 3 Digital Signature Certificate before applying for the trademark registration is mandatory. The validity period of the Class 3 DSC is one to two years. Further, it can be renewed. The Digital Signature Certificate can be obtained from both public and private agencies that are approved by the Ministry of Corporate Affairs. 

Steps for registering the trademark

1. Trademark search: It is always prescribed to do trademark search prior to applying for trademark application. Since, it helps one to compare it with existing trademark applications. It can help in figuring out the uniqueness as well as in protecting you from the objection. This can be done by visiting the “Public search” website.

2. Selection of classes: Before applying for registration you should know under which class or section your trademark lies out of 45 classes of trademark. Every brand has to be registered under the particular class. 

3. Use of TM symbol: Once your filing is complete you will be liable to use the symbol TM on your trademark.

4. Vienna classification: The Vienna classification is characterization of the components of the trademark at world level. When documentation of the application for registration is completed then the trademark registrar will affix a Vienna Classification on the trademark. 

5. Beginning of application process: Once the filing is done, the processing of the application will begin within one year by the Government. There are chances that the trademark may get rejected in case the similar trademark already exists.

6. Objection on the trademark: Objection may be raised during the process of verification thus, it is important to make sure that the similar trademark doesn’t already exist. If the trademark is objected the you need to reply against it within 30 days of objection.

7. Hearing: In case the reply you filed is rejected by the Trademark Registrar then hearing will be scheduled, where you will be given an opportunity to explain the details why your application should be approved.

8. Publication of the trademark in the Journal: If the application for registration of the trademark is accepted then the trademark will get published in the trademark journal for 90 days. During this time period, an individual has an opportunity to raise objection against the application.

9. Certificate of Registration: When at all the process your application is approved then you can use symbol ® which indicates that your trademark is registered.

10. Infringement of trademark: If any unauthorized person is using the registered trademark then the trademark holder can sue that person for infringement of trademark.

List of the documents required for registering the trademark

1. Scanned copy of Certificate of Registration

2. Trademark application- signed

3. Election ID card/ Passport/ PAN card

4. Scanned copy of Driving license/ Passport/ Voting ID card

5. Logo or Brand name in JPG Format

What to do in patent search?

One should do the patent search through the Patent database of India that is accessible at http://ipindiaservices.gov.in/publicsearch.

Make the checklist of following points:

• Date of application

• Title

• Theoretical

• Finish specification

• Application number

• Patent number

• Candidate number

• Innovator’s name

• Innovator’s country

• Innovator’s address

• Documenting office

• PCT application number

• PCT publication number

Renewal of the trademark

The validity period of the registered trademark is of 10 years and it should be renewed before the expiration of it. It can be renewed before 6 months of its expiration. If it is not renewed then it may be removed as well and its status will be changed to “abandoned”.

Conclusion

Thus, it is appropriate to get the trademark registered for every goods and services. Before registration of the trademark you should do the trademark search and make sure to prepare a checklist for the same. The Trademark Act, 1999 and the Trademark Rules, 2002 deals with the registration and protection of the trademark in India. The validity period of the trademark registration is of 10 years and it should be renewed 6 months before expiration of it. 

By: Riya Dubey