TRADEMARK REGISTRATION

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Introduction Trademark Registration

A trademark is a visual symbol that can be a word, name, number, label, color combination, etc. used by a business to distinguish its services or products from other same goods or services which are made in a different business. Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registerable, if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.

Types of Trademark

Product trademark
Service trademark
Collective trademark
Certificate trademark
Shape trademark
Sound trademark
Pattern trademark

Document requirements

Proof of Applicant (Aadhar, Driving license, Voter’s ID, Ration card, Passport)
PAN Card and Address Proof of Applicant
Certificate of registration
Brand Name & Logo
User Affidavit
Proof of ™ Use
MSME / Start-up Recognition
Signed Form TM-48

Registration process

Trademark search: Search the trademark is registered already in https://ipindiaonline.gov.in
Filing of application: After conducting a search, comes the process of filing the application for registration. The application must be filed in Form TM-A online or by Trademark Registering Office.
Examination process: After filing the application, the examination of application will go on and after 30 days.The report will be sent to the applicant to accept or reject.
Post examination process: Once the applicant files the reply to the examination report, the Examiner if wants can arrange a hearing if due to any reason he/she is not satisfied with the reply sent by the applicant or if, the reply is not able to fulfill the purpose of the objection stated in the report.
Publication in Indian Trademark Journal: After clearing the examination, the trademark will be published on the website for 90 days to receive any opposition regarding the trademark.
Trademark opposition: This step is applicable when there is opposition in the trademark registration in the 90 days. Evidence must be submitted by you and the third party in support of your case. The Registrar will give you and the third party an opportunity of hearing after submission of evidence. After hearing both the parties and considering the evidence, the Registrar will pass an order of acceptance or rejection of the trademark application. If the Registrar of Trademark accepts your trademark application, then he will process to issue registration.
Trademark certification issuance: The certificate will be issued after 90 days which clears the opposition if there is opposition on the trademark.