Trademark Process
Trademark Process
Date 2020-10-22
Words 670
Trademark registration of the logos, symbols, smell, taste etc. of the products and the services is required to enable the ow ner to attain
exclusive rights on its products and protect them from misuse by a third party. A process is required to be followed for the registration of
trademarks of products in India:A trademark search is required to be conducted by the owners or the proficient prior to conti nue for the
process of registration of application to prevent any duplications or litigation and enabling them to adopt a unique symbol or brand name.
Trademark Registry India is a platform for all the registered trademarks, so a trademark search is expected to not adopt any brand that is
already mentioned in TRI.The state of Ahmedabad, Delhi, Chennai or Kolkata have the branch offices for registration of trademark in India.
The opted trademark can be registered by filing an application along with the prescribed fees for it, in one of the four branch offices having
the jurisdiction.The applications shall contain all the necessary information of the product, it’s owner, trademark etc. Onli ne method for
registration is also available through websites like, IndiaFilings.com. Following this, an application receipt containing the allotment number is
issued to the owner.Subsequent to the filing, the application for registration is allotted for examination or by the supervisor or the trademark
officer at the trademark registered office. After scrutinization, the officer releases an examination report where he either approves the
application without any objection or with conditions or object on it. The application will be posted in the trademark journal, it it is approved by
the supervising officer.But, if there are objections raised on the application by the officer, then the owner has the right to approach the officer
with clarifications.in case of non- approval, the owner has the right to appeal before the Intellectual Property Appellate Board (“IPAB”).
A journal publication of trademark is made of all the accepted applications. This provides the general public an opportunity to raise
oppositions against the application and protect their interests with valid reasons. The oppositions can be raised within a timeframe of 90
days, subsequent to which the applications would proceed to register in the favour of the applicant. In case of any opposition by the general
public or the third party, there shall be opposition proceedings initiated by the “Trademark Hearing Officer” (TRO), where both the parties, the
applicant and the third party, will be provided with an opportunity to be heard and to justify their reason. Further, the aggrieved party also has
the option to appeal to the Intellectual Property Appellate Board. On approval of the registration, a registration certificate is generated along
with the office seal to the applicant or the trademark owner. This trademark can be protected foe eternity by perpetual renewal after every 10
years.
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TRADEMARK PROCESS IN INDIA
Trademark registration of the logos, symbols, smell, taste etc. of the products and the services
is required to enable the owner to attain exclusive rights on its products and protect them
from misuse by a third party.
The state of Ahmedabad, Delhi, Chennai or Kolkata have the branch offices for registration
of trademark in India. The opted trademark can be registered by filing an application along
with the prescribed fees for it, in one of the four branch offices having the jurisdiction. The
applications shall contain all the necessary information of the product, it’s owner, trademark
etc.
Online method for registration is also available through websites like, IndiaFilings.com.
Following this, an application receipt containing the allotment number is issued to the owner.
Subsequent to the filing, the application for registration is allotted for examination or by the
supervisor or the trademark officer at the trademark registered office. After scrutinization, the
officer releases an examination report where he either approves the application without any
objection or with conditions or object on it.
The application will be posted in the trademark journal, it it is approved by the supervising
officer. But, if there are objections raised on the application by the officer, then the owner has
the right to approach the officer with clarifications. in case of non- approval, the owner has
the right to appeal before the Intellectual Property Appellate Board (“IPAB”).
A journal publication of trademark is made of all the accepted applications. This provides the
general public an opportunity to raise oppositions against the application and protect their
interests with valid reasons. The oppositions can be raised within a timeframe of 90 days,
subsequent to which the applications would proceed to register in the favour of the applicant.
In case of any opposition by the general public or the third party, there shall be opposition
proceedings initiated by the “Trademark Hearing Officer” (TRO), where both the parties, the
applicant and the third party, will be provided with an opportunity to be heard and to justify
their reason. Further, the aggrieved party also has the option to appeal to the Intellectual
Property Appellate Board.
On approval of the registration, a registration certificate is generated along with the office
seal to the applicant or the trademark owner. This trademark can be protected foe eternity by
perpetual renewal after every 10 years.
ISHITA AGARWAL