“Step by step guidance on the trademark registration is one of the crucial things in the trademark registration. Many of the young and upcoming entrepreneurs must know the steps from choosing the trademark selection to using them”.
Step by step guidance on the trademark registration is one of the crucial things in the trademark registration. Many of the young and upcoming entrepreneurs must know the steps from choosing the trademark selection to using them. It is one of the Intellectual property rights for the business entity. If the company choose its trademark without any trouble they will enjoy its fruitful rights. It gives the renowned name and design for their business running in the market. It is the legal independence the particular person who registered this mark only enjoys its rights.
The other person not allowed for further infringement. In the step of trademark registration, the business word or name, brand, logo, image, taglines, packaging labels all are the essential things and these all are comes under trademark registration. Both the patent registration and trademark registrations are in India under the Controller General of patent designs and trademarks. A step of trademark registration initiated from trademark search, filing, examination of trademark, advertising, opposition, objection, rejection. If it ones approved, then it should be renewed from time to time.
The Step of trademark search in Database:
In the step of trademark search starts from the Trademark database. This is the official database which holding the both data of already registered trademark and new trademark registrations. So, it is one of the primary steps to search your trademark in the trusted portal to avoid the too much of efforts. It can easily save your valuable business time. Another benefit of the portal is it can be view and check the business name by both the trademark and non-trademark professionals. It is a total maintaining database not only successfully approved trademarks, but the secondary things of Objection, Approval and rejected trademark all are found in the same portal.
The business individual or the trademark consultants who handle the portal easily comes to know the name availability position. Like already it had been chosen name and their possibility for objection, opposition or the easy availability. Of approval step all are guessed only after seeing the database. It is considered one of the valuable guides to the step of trademark procedure in India.
While the time of trademark registration you may need a particular name but it already taken, you have another chance. This database offer the next step of name availability by the category of “Starts with”, “Match with” “Contains” are comes with the next step. If you need a particular phrase or name search through these options. If your entered name utters the title no match, then it is not approved, you can easily take this name without any barrier.
Trademark filing step in trademark registration:
In the filing process, try to avoid generic and offensive names which ultimately neglected by the registrar of trademark filing. The generic names cover the entire category. Subsequently it is a tough task too many classes may involve in such one name. So, try to minimize the issue in the time of filing. Weak marks are the next step of consideration in the trademark registration. In this category the geographical marks, already used name taken as a small part all are should avoided.
Make sure the choosing trademark must be uniquely identifiable. If they seem to be similar with other trademarks, they may raise confusion. The similarity or likelihood never appears in the trademark filing. If they found they must be reject able without any consideration. Consequently, priority of use is one the notable step in the trademark registration. For example a name not yet registered but vitally using in the business from two decades. If an individual who want to occupy the name he may apply it. The filing procedure may follow the documentations like
- Individual proof from any one the legal documents Aadhar card, Driving license, Voter ID, Passport, Ration Card.
- User Affidavit (the invoice copies must from the date of initial use on the prescribed trademark.)
- Power of Attorney
- The attached copies of the prescribed logo design, or name which dealing the trademark filing.
- It is the mandatory details need for the Trademark filing process without considering the type of the business entity. It can be a Private Limited Company, Public Limited Company or a One Person Company.
Examination step in registering a trademark:
Trademark registration not completed without the following step of examination. Applied trademarks are inspected or examined by the registrar. As per the legal formalities, a registrar can easily approve or reject by his sole authority. The general conditions on rejecting a trademark are:
- Primarily it does not replicate, or duplicate the existing service or good.
- The same trademark in the business market which are not properly distinct by the consumers.
- Popular brand name or its partial name not allowed appearing in the trademark registration
- It should not shake the religious beliefs of the common people.
- May the applicants who applied for the trademark approval is not legal owner.
After submitting the trademark registration application with in the month the proper notification sent to the office address which was mentioned in the trademark application.
What is advertisement in trademark registration?
Trademark journal is the legal record which is notifies the specific trademark is being in the process of registration. So, this record sometimes enables the oppositions and may not if it is unique. It can view by the many people. In the meantime it is beneficial one for the already registered person to showcase their opposition.
Suppose, such cases not occurred both of them can use until any of them need trademark as their own right. Or other third person’s intervention in same trademark registration. Every business people must consider this issue seriously as they previously registered. If they are failed show their opposition, they after allow to file the rectification from the period of one year. Then the opponent party’s registration may abandon. If the registered person not response at least in the one year then the service rights and legal usages are Unstoppable.
The step of hearing in the trademark registration:
In the step of examination on the trademark procedure, the examiner will closely inspect the given details. In India many of the applications were rejected by the improper details and the lack of evidence in the attachment. In the superior step, if the examiner finds any dissatisfaction, the applicant must explain his point of validity in the lawful way. The written response of the applicant will determine the hearing approval of trademark registration.
It is only applicable at the crucial time trademark objection. The objection notice will be sent, in the reciprocal way the applicant must show his response on the notice. If they failed appear on the hearing they must be adds the advantage to their opponent. As consider the applicant convenience the hearing may offer in three times.
If they will fail in such crucial time, definitely it will be ended in the favour of their business rival. Many of the time the hearing is calculated as the final step of the trademark registration. Kindly download the hearing date and be punctual to appear to the hearing. In every step of the trademark registration whether it is a hearing for objection, opposition all are required the unique peculiar trademark document. While applying such types of legal issue careful to attach make double check before attach the necessities.
What is the difference between trademark opposition and objection?
In the examination process and trademark oppositions are two different procedures which are often confused by the common people. In the examination step, the examiner has the only power to make an objection but the opposition can rise only by the third party or a business competitor in the same market. Trademark objection not require any separate fee structure. If any opposition, they must admitted with the government fees. The time limit for the procedures is also totally different one. This objections need to respond within a month of time period.
But the opposition must have the time of 2 month period. It may extend up to four months from the trademark journal publication. Both the legal processes must face the issue without any legal removal. All the decisions on the trademark process decided only after it published in the trademark journal. Like company registration, Trademark registration also a step important in the successful running of a business.
Back to a decade there is lot of trademarks filing face the objections and rejections. It shows the fast developing economy and trade in the Indian business market. A brand and a logo is the heart of the business. The brand name or the business name which is gives the more identity to the businessman rather than his other business growth.
Hope this blog ill assure the basic details and important procedures which are involved in the trademark registration process every step take proper care. If they failed with their updates it would be ended in the huge business loss. An origin step of the business entity all the procedures come with lot of responsibilities. Choose the best advice from the expertise personnel in the business or a lawyer for more legal ideas. Solubilis is one of the leading step takers for your business initiations. They provide the valuable guidelines which mentioned above.
Thanks for reading!!!