There is a freezing period of four months during which the application for brand name registration remains open to opposition. Publication of Mark in Trademark Journal:Īfter examination, the trademark is published in the Trade Marks Journal. The applicant needs to appear in person or with their agent or lawyer to put before the grounds in favour of the brand name application and request the hearing officer to allow the trademark application to pass ahead in the trademark processes toward the brand name registration. The notice of the trademark hearing will be issued to the address provided in the application in addition to uploading the same to the portal. This is also an opportunity for the applicant to portray the brand name in a manner that seems unique and distinctive to the trademark officer during the hearing. If the response to the examination report is not appropriate, then the Trademark Registry may issue a trademark hearing in the matter. The objections or discrepancies raised with regard to the trademark application should be addressed within a definite time period. However, the application may be processed as objected either under absolute grounds of refusal and/or relative grounds of refusal as prescribed in the Trade Marks Act, 1999 and an examination report is issued accordingly. Examination of trademark application:Īn examination for the brand name registration is done by qualified examiners at the trademark registry and if the application fulfils the necessary requirements of the trademark application then the brand name is advertised in the trademark journal. It is also important to keep tracking the trademark status updates from time to time so that the applicant knows the stages of the trademark application at any particular point in time. Once the trademark application is filed, the trademark department reviews the application for any discrepancies and if found complete in all respect the application is marked for examination otherwise a clarification is required. One can also pursue trademark registration online. Once, the application is filed, the applicant can start using the symbol (™) mark in superscript. The application for registration of the trademark must be made in the prescribed manner along with the supporting documents and filed with the prescribed government fee for trademark registration. Once a trademark search is completed, the application for brand name registration can be filed at the appropriate trademark registry. A trademark search can be performed here. The initial process before brand name registration is to conduct a trademark search of whether the business name, brand or logo is similar to any other already existing trademarks. Once you have logged in to the official portal of the trademark registry, the user can log in either using the User ID or the digital signature. The first step is to log in to the account on the official portal of the trademark registry, i.e. The primary step in the process of brand name registration is to create a user account on the official portal of the trademark registry. Below are the simplified steps for Brand Name Registration in India: Offline brand name registration can be done at the offices of the trademark registry based on the jurisdiction whereas e-filing is useful and arguably a more sensible method in contemporary times. Brand name registration can be done either offline (physical filing) or online, i.e., E-filing (Online trademark registration). In India, the trademarks are registered by the Controller General of Patents, Designs and Trade Marks.
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