How To Register Trademark in 7 Simple Steps
Through trademark registration, anyone can register their rights to word, numeral, logo, slogan, device, and such things. By this, they will have a legal right exclusively for use of the mark to the owner of the trademark.
For any business trademark registration is very important, yet time-consuming and difficult too. In this guide, we will discuss how in simple and easy steps you can register your trademark.
Trademark Registration Process
Trademark can be registered without any difficulties if the right procedure is followed which includes the following steps
Step 1. Trademark Search
The search for existing trademarks is the initial stage of trademark registration. This process entails conducting extensive research on similar or identical trademarks that have already been registered or applied with the trademark registry.
You must conduct a trademark search in the trademark database or through the Trademark Registrar’s website.
By doing so, you’re removing any potential for future legal squabbles over trademarks and protecting your company from them.
Step 2. Trademark Filing
After you’ve done your homework on trademarks, you’ll need to submit a trademark registration application. This trademark registration application must be completed in a prescribed way and include the appropriate fee.
This trademark registration application can be submitted both offline and online, depending on your preference. There are a few points that must be specified explicitly in the application.
It contains information on the logo or trademark, the trademark owner’s name and address, the trademark class or classification, the trademark’s usage since the date, and a description of the goods and services.
These are the points in the application that must be clear and correct.
Step 3. Trademark Application Allotment
When you file a trademark registration application, you will receive a trademark application number. After that, you can check the status of your trademark application online.
The owner of a firm can use the TM symbol next to the company’s logo or wordmark after acquiring a trademark application allotment number.
Step 4. Vienna Codification
The Vienna Classification or Vienna Codification is a type of codification or classification that was developed by the Vienna Agreement in 1973. It is a classification of the figurative features of trademarks at a global level.
The Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative aspects of marks after you have filed an application for trademark registration.
This trademark application status is normally indicated as “Sent for Vienna Codification” while this process is in progress.
Step 5. Trademark Examination
The next step is trademark examination which will take place after Vienna Codification is completed. In this step, the application for trademark registration will be allotted to a Trademark Officer in the Trademark Registrar Office.
The officer then would review the trademark registration application for correctness and issue a trademark examination report.
He can accept the application for trademark registration and allow for trademark journal publication or object to the trademark registration application.
If the officer issued an objection the trademark registration applicant has the right to appear before the trademark officer and address the objection that he had made.
After this trial, if the officer is satisfied with the justifications of the trademark applicant, then the trademark would be allowed for the next step. And if he is not satisfied with the justifications then the officer can call for a hearing.
Step 6. Trademark Journal Publication
After getting approval from the officer the trademark can be published in the Trademark Journal. This journal is published weekly and consists of all the trademarks that have been accepted by the officer in the week.
Once the trademark is published in the journal the public has a chance to oppose the trademark registration if they believe they will be damaged by that registration. There are certain grounds on which this opposition can be made.
If there is no opposition filed for the trademark within the given period of 120 days after the publication, the mark will typically be registered.
In case there is an opposition by a third – party and hearing will be called for by the Trademark Hearing Officer. Now both the trademark applicant and opposing party have the chance to appear at the hearing and provide justification from their side.
On the basis of the hearing and evidence presented by both parties, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected.
Step 7. Trademark Registration
After the trademark registration application has been accepted, a trademark registration certificate will be prepared and mailed to the trademark applicant as the final stage in this lengthy procedure.
Following this, the trademark becomes the owner’s registered trademark, providing the owner exclusive use of the mark.
As a result, you can register your trademark in a few simple steps. Keep in mind that you followed all of the instructions carefully and patiently. If the process goes smoothly the trademark gets registered in 6 to 8 months. It may be delayed if the trademark undergoes objection or opposition.