Trademark registration can be obtained for words, logo, numerals, slogan, and device. It provides legal right for use of the mark to the owner of the trademark. However, Trademark registration is a long process involving multiple steps.
The initial step in trademark registration process is conducting a trademark search in the trademark database. A trademark search will provide information regarding to the identical or similar trademark that are already been filed within the trademark registry. The trademark search can be done through online by visiting the trademark registrar website.
Once the trademark search is done, the application for the trademark is filed with the trademark registrar. The application for registration of trademark should be made in the prescribed manner and filed along with the fee for trademark registration. Trademark application can be filed at any one of the five Trademark Registrar Office over the State or online. Trademark applications can be filed online through trademark agent or lawyer.
The application for the trademark must contain the following information:
When the trademarkregistrationapplication is filed within the trademark registry. The trademark application allotment number is provided within two or three working days. The information regarding to the application can be tracked through online. Typically, by obtaining trademark application allotment number, the owner of the mark can use TM symbol.
The Vienna Classification is established by the Vienna Agreement (1973). It is an international classification of the figurative elements of marks. Once the trademark application is filed, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks. The trademark application status will usually reflects as “Sent for Vienna Codification”.
Once Vienna Codification is done, the trademark registration application will be allotted to a Trademark Officer. The Trademark Officer will review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.
If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the Trademark Officer and address the objections. If the Trademark Officer is satisfied with the justifications of the trademark applicant, the trademark will be allowed for trademark journal publication. In case the Trademark Officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
Once the trademark registration application is accepted by the Registrar, the proposed trademark is published in the Trademark Journal. Usually, the trademark journals are published weekly. It contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public will have an opportunity to object the trademark registration. If there are no objections then it can be filed within 90 days of that publication, the mark will typically be registered within 12 months from the date of application.
If your trademark registration application is opposed by any third-party, then hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party should appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented by the trademark applicant and the opposing party, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by rising to the Intellectual Property Appellate Board.
If there are no objections for the trademark application, the trademark manuscript and the trademark registration certificate will be prepared and sent to the trademark application. Once the trademark registration certificate is issued by the registry, the trademark is considered to be a registered trademark of the owner, and granting the trademark owner exclusive use of the mark. Now, R symbol can be placed next to the logo or trademark.