Understanding How to Apply Trademark Registration

Gone are the days when your ideas were unique from that of the other. In the world that we live in today, technological evolution has made it possible to see if our ideas are unique or not. With the increasing competition, everyone is in the race to protect their ideas from being used by others. In times like these, knowing how to apply for trademark registration is one way to protect your reputation with regard to your goods and services. This is no longer limited to your ideas but also applies to the different goods and services in the market. The availability of similar types of goods and services in the market makes it important that you differentiate the goods and services provided by you from others. 

What is a Trademark?

Trademark is a term that is used to define both trademark and service marks for the different goods and services in the market. This is an identifier that is used by the companies to help distinguish their goods and services from those of the others in the market. This form of identification encompasses various elements ranging from words, symbols, logos, designs, phrases or a combination of these. Getting a Trademark helps customers differentiate one brand from the others, fostering trust and loyalty based on the quality of goods and services. 

How To Apply for Trademark Registration?

Trademark in simple words means a special identifier that can help identify the goods or services of a certain company. These identifiers also help people differentiate their goods or services from those of their competitors. Being classified as intellectual property, trademarks are protected from infringement by the Trademark Act 1999. To protect your brand, you need to register your trademark so that others can not misuse your brand. If you want to know how to apply trademark registration, here is how you can go about it:  

• Trademark Search

Before you file your trademark application, it is important that you know about the availability of the trademark. For that, you need to conduct a thorough trademark search to ensure that the desired trademark is available for you to choose. With easy access to the IP India Portal, you can easily conduct a thorough search. This will prevent you from taking a trademark that is already registered or under review to prevent infringement in the future. With a different type of trademark to choose from, here are some of the important trademarks to apply for : 

• Product Mark
• Service Mark
• Collective Mark
• Certification Mark
• Shape Mark
• Pattern Mark

• Trademark Filing

Once you have completed the trademark Search, you can proceed to file for the trademark registration. You are at liberty to file for the trademark both manually and through e-Filing where you are required to fill in the form TM-A. Manual filing requires you to hand over the documents to the Registrar Office of Trade Mark which you can find in the major cities like Kolkata, Delhi, Mumbai, Chennai, and Ahmedabad. Post submission, you will have to wait for about 15-20 days for a confirmation. This is not the case with e-filing as you will receive a confirmation once you submit the application on the website. On successful acknowledgment of the application filing, you are eligible to use the ‘ ™ ’ symbol with your brand name. Some of the entities who want to understand how to apply trademark registration are as follows: 

• Individuals
• Joint Owners Of A Company
• Proprietorship Firms
• Partnership Firms (With A Maximum Of Ten Partners)
• Limited Liability Partnerships (LLPs)
• Indian Companies
• Foreign Companies
• Trusts
• Societies

• Required Information

No matter the reason behind the filing of an application, you are required to submit certain documents along with the application. The same applies when you are filing for a Trademark Registration and are required to submit your application with relevant documents. These documents play an important role in validating the information you provide in the application. Some of the documents that you need to submit as per the requirement are as follows: 

• For Individuals, you are required to furnish the PAN card and Aadhar card.
• For Proprietorship, you are required to provide the GST certificate, PAN card, and Aadhar card.
• Companies are required to submit the Incorporation certificate, Company PAN card, MSME registration certificate, and Logo.
• Partnership Firms are required to provide a Partnership deed, Partnership PAN card, MSME registration certificate, and Logo. 
• For Limited Liability Partnerships (LLPs), you are needed to provide the LLP deed, Incorporation certificate, LLP PAN card, and Logo.
• When it comes to Trusts, you are required to provide the Trust deed, Trust PAN card and Logo 

• Vienna Codification

On successful submission of the application along with the supporting documents to the Trademark Registrar. The authorities will then apply the Vienna Classification to the trademark’s figurative elements. For people finding it difficult to understand, Vienna Classifications is an international system that helps categorize the figurative elements in your trademark that you have applied for. 

• Trademark Examination

Once the application is submitted and the Vienna classification is done, the Trademark Registrar will go through the application. The concerned authorities will assess the application to make sure that all the information and documents are correct. They will ensure that the application abides by all the rules and regulations, post which a report will be generated. It is based on this report that the Trademark Registration is allowed to be published in the Trademark Journal.

• Trademark  Objection 

After submitting the application and the documents, if the concerned authorities find any issue with the application, it will be objected to from further process. Any discrepancy during the examination stage needs to be addressed by the applicant before the Trademark Registrar. On satisfactory justification, the application is approved for publication. 

• Trademark Journal Publication

After a satisfactory review by the Trademark Registrar's office, the application gets published in the Trademark Journal. This journal publishes the Trademark application information for the public to review over 90 days. The public has the opportunity to raise objections to the trademark application if the trademark harms their interest. If there happens to be no objection within the stipulated 90-day period, the application is accepted and the Trademark Registration is completed subsequently. 

• Trademark Hearing

In case, there is an issue raised by the public during the 90-day period, a hearing is arranged to resolve the matter. Both the applicant and the opposition parties are given the opportunity to put forward their arguments. The registrar will then review these arguments to come to a conclusion and pass a ruling in favor of the applicant or the opposition. This hearing can then be appealed to the Intellectual Property Appellate Board by either party within 3 months of the ruling. 

• Trademark Registration

With the application filed, Vienna Classified, Examined, published, objected, and Clarified, the trademark registration can then be completed. If there is no objection by the registrar office and published successfully, you also need to make sure not to get an objection by the public too. If you do, you need to make sure to resolve the objection as soon as possible for you to get a Trademark Registration. With nothing holding you back, you will be granted the Trademark Certificate. This will give you the exclusive right to the trademark and its use in public. On successful registration, you will be legally allowed to use the ‘ ® ’. Some of the important symbols that you should know about are as follows: 

• ®

This symbol can only be used once the trademark registration is completed and the registration certificate is granted to the entity. Once you get the trademark certificate, no one can copy or misuse your trademark for their interest. 

• ™

You are free to use this symbol once you have successfully submitted the trademark registration application and have received an acknowledgment from the concerned authorities. This will denote that you have completed the registration process and are waiting for the final approval and certification. 

• Trademark Renewal

Once you have completed the registration of your trademark, you can rest assured that your trademark is protected for 10 years. It is thus important that you keep your trademark safe and protected from infringements by renewing it every 10 years. This will not only protect your brand but also help build a reputation over time. Some of the common Trademark Classes that entities opt for in India as per their requirements are as follows: 

• Class 9: Encompassing computer software and electronics
• Class 25: Covering clothing
• Class 35: About business management and advertising
• Class 41: Related to education and entertainment

Are you struggling to understand how to apply trademark registration? It is important that you have the knowledge to file for a trademark application without any errors. Knowledge about the process and the requirements can help navigate the registration process with much ease. If you are not familiar with the registration process or don't feel confident, it is best to let the experts handle the process. With experts at Online Legal India, you no longer have to worry about your trademark registration. Our experts will complete the entire process without you having to lift a finger.