Trademark Registration Online

Author: Kanakkupillai CA
What is a Trademark?
  • A trademark is kind of licensed innovation which concedes its proprietor the select right to utilize the trademark in connection to the merchandise in admiration of which trademark is enrolled.
  • Trademark must be an imprint as a gadget, brand, heading, mark, ticket, name or a contraction of a name, signature, word, letter or numeral or any blend thereof.
  • Trademarks are utilized to demonstrate to the obtaining open that they are merchandise fabricated or generally managed in by a specific individual as recognized from comparable products made or managed in by different persons. In this article, we take a gander at the procedure for enlisting a Trademark Registration in India.
  • Steps for Registration of Trademark:

    Prior to applying for a trademark, it is advisable for the applicant to search the trademark records registry and know whether any trademark resembles the mark to be registered. This search of the Trademark Registration Online can be conducted online. Once the search is completed and there are no conflicts, application for registration in the trademark registry can be made in the prescribed form.

    • The application for the enlistment of a trademark must contain the imprint to be enrolled, trademark proprietor data, rundown of merchandise or administrations for which the trademark enlistment is looked for and the date since when the trademark is utilized.
    • The application for a trademark should be possible both online and offline. For making an online trademark application, a Class III Digital Signature is required. Offline trademark enrollment can be made at one of the Offices of the Trademark Registry in view of the locale.
    • Once the application for the trademark enrollment is made, the Registrar will look amongst the enlisted checks and pending applications to find out whether any such stamps exist in the registry and if the imprint is register-capable according to the law.
    • In the event that the Registrar has any protest to the acknowledgement of the application or proposes to acknowledge the application with conditions, revisions, constraints, and so on., the same is conveyed to the candidate in composing and the candidate has a time of three months to redress his/her application and impart their stand.
    • In the event that the application for enrollment of a trademark has been acknowledged, the Registrar will bring about the trademark to be publicized in the recommended way in the Trademark Journal to provide for outsiders an open door for resistance.
    • The section of a trademark will determine the date of enrollment, merchandise or administrations for which it is enlisted and different particulars. The enlistment of a trademark is legitimate for a long time and is further renewable.
    • Trademark symbols and its utilizations
      • R Symbol

      After a trademark is registered, the applicant can start out using the ® symbol to mean that the trademark is filed and protected from violation as per the Trademark laws.

      • C Symbol
      • Symbol The ™ symbol used by the trademarks which are unregistered and this symbol is thus used to point that a trademark application exists in the trademark registration process.
      • SM Symbol

      The Service Mark or ‘SM’ symbol is used in the service industry, especially for service mark applications which are registered under class 35-45.