A trademark is defined as "a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours”, as per section 2(zb)of the Trademarks Act,1999.
In the current market scenario, with the advent of new players, competition has witnessed an unobstructed upsurge, thus reaffirming the need for registering marks, capable of providing distinctiveness to manufacturers and traders. Registration of trademark allows the owners to get a unique market advantage and also propagates a massive scope for legal protection in case of any infringement to their rights granted through the process of registration. The process of registering a trademark in India is a follows:
Check whether you are eligible to file a trademark application: A trademark application can be filed by any person, claiming to be the proprietor of a trademark used or proposed to be used by him.
Check whether you mark is capable of being registered as a trademark: The subject matter of trademark in India includes product trademarks, services trademarks, certification trademarks and collective trademarks. With a large number number of categories falling under registrable trademark including devices,monograms,letters,symbols and several others,it is imperative to examine if your mark falls under the registrable category before moving ahead with your application.
Check if your mark complies with the legal criteria for registration: A mark to be registered must exhibit the following qualities:
- Capable of graphic representation.
- Enables distinguishing goods and services from those of others.
- Indicate a connection in the course of trade of goods and services.
Documentation and Information: The applicant must possess the requisite documentation and information which is required be attached with the trademark application which includes details such as the personal information of the applicant,necessary details of the trademark including its description,dates of first use etc. and all of these should be supported with the official filing fee which is a mandatory requirement for consideration for registration of a trademark
Allotment of trademark application number:On receiving the trademark application,an allotment number is provided by the trademark registrar typically within two working days which allows the applicant to check the status of his application online and can start using ™ symbol as soon as you file the form of trademark application
Examination by the Trademark Registrar Office:The trademark office shall conduct an inspection of your trademark in order to remove any scope of it being registered by someone else prior to your application.The officer then opens your mark to oppositions and in case of no opposition,an advertisement is made in the Trademarks Journal.It is significant to note that prior to the process of examination,the mark is sent for Vienna Codification under the Vienna Agreement of 1973.
Registration of the trademark:In case no opposition is filed with respect to the trademark within four months,the application is usually registered within a time frame of 12 weeks,depending upon the operating conditions.The registration certificate issued post the grant of registration confers upon the owner the exclusive right to use that mark for the requisite purposes.
It is pertinent to note that the registration of trademark bestows upon the owner a large number of rights and remedies to protect him from any external infringement aimed at diluting his market repute and value.