Whenever you are going to establish any business you must register a trademark for it. Confused about it? Trademarks are signs, pictures, or symbols unique for every business and give the pictorial view of your business to the customers. Hence, customers deduce easily that, this product belongs to your business. You can get the trademark for your business by following the steps required in the IP India trademark filing process.
Trademarks make your business look distinct from your competitors providing similar services and goods. Thus, awareness about the IP India trademark filing process is necessary for you for filing trademarks in India. This article is written to fulfill your demands, on trademark registration knowledge. So read till the end.
Also read: Trademark benefits
Registering Trademark Rights in India
Trademark is the most important asset of any business, once you get a registered trademark it becomes your intellectual property. Thus, you safeguard the interest of your company as no one else can sell the services and products in the name of your brand. However, there is a series of steps you need to take before getting the trademark for your brand. Read further to know more about it.
Also read: Overview of the trademark filing process
Process of IP India Trademark Filing
The steps involved in the IP India Trademark Filing process are as follows –
1. Searching for the suitable trademark:
Pirated trademarks receive direct rejection at the time of scrutiny at the patent office. It is because, if you use the already registered trademark as the trademark of your company, then you are infringing the trademark rights of the owner. The owner may sue you in the future for copying his trademark. Hence you need to be very cautious when going for IP India trademark filing.
2. Filing the trademark application:
Once you are ready with the trademark sign, the next step is to file the application of same at the trademark office. In the application, you clearly need to mention the category of goods and services your trademark is providing. However, the trademark can be in a single class or multi-class category.
3. Scrutiny of application by authorities:
The next step in the IP India trademark filing process starts with an examination of your application by respective government authorities. Upon examination, a report is released that mentions whether your application is accepted or rejected. If rejected, you need to bring the required changes and refile the application within the stipulated time as mentioned in the report. Do ensure to attach pieces of evidence and proof to counter the objections raised by the examiner.
4. Process after examination in IP Indian trademark filing:
Once you have refiled your application, a hearing may again take place where your application will go through examination again if not found satisfactory yet. After the hearing, if the trademark is accepted, it is forwarded for publication in a journal. Or if any objections are still there, your application will again face rejection.
5. Advertising the trademark:
In IP India trademark filing, after the mark is accepted, it goes for advertisement in a Trademark Journal and remains there for at least 4months. The idea is, to aware the general public of your trademark and invite opposition against it, if any exists.
6. Handling objections in IP India trademark filing:
You can receive objections from the general public after advertising your trademark in the journal. The objections may be on numerous grounds most common of that is infringing the earlier registered similar trademark. Thus, you need to follow the laws and file suitable claims as per the objection to support your trademark, and the counter statements also.
7. Trademark registration:
The final and the ultimate goal in the IP India trademark filing process is the registration of your trademark. Once all the objections from the trademark office and the general public are resolved, your trademark is ready for registration.
However, as mentioned earlier your trademark remains in the journal for 4months. Thus, if you receive no objections in 4 months from the general public, your trademark gets automatic registration in one week only after 4 months. Now, depending upon your geographical location you need to renew your registration timely.
Who helps you best in IP India Trademark Filing Process?
You have read all the steps involved in IP India Trademark Filing, and all of them are to be followed with high precision. Thus you need to hire a professional who understands your concerns and recommends the best possible solution. If you wish this, “The Trademark Filing Company” is the right partner for you.
Our trained professionals use advanced algorithms to efficiently provide the results that suit you best. With us your journey of trademark registration becomes easy. Read more about us here.