Trademark is a symbol, word, phrase, logo, or combination of these that legally distinguishes one entity’s product from any others. Any infringement on trademark is illegal and therefore grounds for the entity owning the trademark to sue the infringing party. Trademark registration, however, is a long process involving a host of steps. In this article, we have enumerated the 6 steps of trademark registration in India:

1.Trademark Search

This is conducted by a professional from the trademark database. This search will reveal all information about an identical trademark that has already been filed with the Trademark authorities. A trademark search report is formulated on the basis of this.

2.Trademark Filing

After the formulation of the search report, application for registration will be made. The application shall be in the manner as prescribed by the govt and has to be filed alongwith requisite Govt fees. This application can be filed online. An application shall contain the following mandatory details:

• Logo/mark/tagline or the mark
• Name & Address of owner (individual/company/firm)
• Classification of Trademark class
• Date since which the logo/mark/tagline is used
• Description of goods/services

Once the application is filed, the registry will issue an official receipt with the filing date and number allotted to the application. Although the official process of trademark registration in India ranges from 18-24 months, priority of application is allotted as per this acknowledgement number. Further, the applicant can start using the TM symbol on receiving this application number.

3.Vienna Code Classification

The Vienna Codification was established by the Vienna Agreement (1973). It is an international classification of figurative elements of marks. Vienna code classification is the next stage after filing of the application. In this stage, Registrar will apply the Vienna classification to the trademark based on the figurative elements of the mark. You can understand that your application is in this stage when the status of your application shows “Sent for Vienna Codification”.

4.Examination

This is the next stage after Vienna Codification. Upon completion of Vienna Codification, the application will reach the desk of a designated Trademark Officer (TO). The TO has the right to either accept the application and send it over to the next stage or raise objections. The TO reviews the application and issues an examination report for this purpose.

If the application is objected to by the TO, the applicant may appear before him and present his plea. If the TO is satisfied by the representation, he will approve the application and send over to the next stage. I f he is not satisfied, he will not pass the application. The applicant further has a right to appeal against this objection with the Intellectual Property Appellate Board.

5.Journal Publication

This is the next stage after the application is passed by the TO, wherein the proposed trademark is published in the Trademark Journal. The Trademark journal is published every week. Once the mark is published in the Journal, public has an opportunity to object to it if they have substantial grounds. The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark.

If the mark is objected to, a hearing is held by the Trademark Hearing Officer. In this hearing both the parties are given a fair representation to present their cases. Upon hearing both parties and based on evidences, the hearing officer will give his judgement. Appeal can be made against this decision with the Intellectual Property Appellate Board.

6.Trademark Registration

If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will be issued. A registered trademark is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

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