Trademark is an intellectual property that is uniquely owned by an individual or a company. Intellectual property comes into existence from using an individual’s creativity and knowledge to construe and perceive an idea into functionality. It is about any word, phrase or symbol that exclusively defines a particular product or service. By registering a trademark, it ensures absolute rights over the intellectual property for the creator’s usage. Trademark registration is legalized under the Trademark Act,1999. Once a trademark is registered, it is valid for 10 years.

 

The procedure for trademark registration is as follows:

 

1. Choosing an apt trademark:

 

The chosen mark should be unique and distinct for that product or service. The category on which the trademark will fall also has to be understood while choosing the trademark. Also, once you decide on the trademark, a thorough search has to be done whether similar trademarks exist.

 

2. Filing of Form TM-1: An amount of Rs.4000 has to be paid with an additional fee to the lawyers.

 

3. Arranging the needed documents:

 

To proceed with online trademark registration, there is a requirement for a said list of documents. They are:

o Proof of Business registration

o Soft copy of the trademark.

o Appropriate class as to which the application is filed.

o Form 48: An attorney who has been authorized to apply on behalf of the business entity.

 

4. Examination of the application by the Government Authority:

 

Once the application is filed, the relevant government authority examines the application and makes sure that the application complies with all requirements under the Trademarks Act, 1999. The scrutiny report has to be submitted within 30 days of the filing of the application. If any objections have been found in the application, then, a reply has to be submitted within 30 days of receipt of such an objection.

 

5. Post-Reply submission:

 

After the filing of the reply against the examination report, If the authority finds it unacceptable, it may call upon a hearing to understand the aspects in more clarity. After the hearing, the authority can either accept the application and move forward or reject the application.

 

6. Advertisement for the approved Trademark:

 

Once the registration of the Trademark is accepted, it has to advertise in the Trademark Journal for four months. This is to ensure and allow the public to file an objection against the said trademark.

 

7. Registration of the trademark

 

If there’s no objection whatsoever even from the public, then the trademark registration is considered to be completed.

 

The registration of the trademark is an essential need of the hour which protects the business entity or individual entirely from infringement of their intellectual property. By registering a Trademark, it becomes an exclusive asset, and it also uplifts the goodwill of the individual or the company. Trademark registration is considered to have an easy registration process, said that it can be confusing about the accumulation of documents and the submission of the same. Profito Global helps you in engaging yourself in a stress-free process and easy approval of your trademark. We also help you in finding the best trademark for your company, keeping in mind all of your needs and requirements as well.