What you must know

about Trademark Registration?

Why is it important to register the trademark?

It is common for any entrepreneur to have a business plan when he starts or runs his business. However, it is
surprisingly rare to find them to have trademark component as a part of their business plan.
Though trademarks are the essential part of any business and the same represent its goodwill and reputation, it
is seemingly common that the entrepreneurs have very little thought while choosing their trademark which
could make or break their business. In simple, just consider the registration of trademark is an insurance which
need to be renewed once in ten years.

What is Trademark?

Trademark is the brand identity of a business which speaks the difference between the product and services
offered by them and their competitors.

A Trademark (TM) in India includes:

· Word or letter
· Device
· Brand
· Logo
· Slogan
· Label, ticket, name, signature
· Three dimensional shapes
· Numeral, shape of goods, packaging or
· Combination of colors
· Sound mark

How to choose the trademark for a business?

One must not choose his business trademark brand at his whims and fancies. They should make sure that their
trademark/brand is unique and there are no identical, similar and deceptively similar trademarks existing in
their channel of business. This could avoid possible conflicts & infringement action from the third parties and
ultimately save unnecessary legal expenses in the future.

Stages of Trademark Registration:

1. Application of Trademark
The application of trademark shall be filed after verifying the proposed trademark/brand with the Trademark
Search Report for similar or conflicting marks. The Govt. Fee of Rs. 4000/- (Effective from 01.08.204) shall
be filed along with the Trademark Application. A Trademark number will be provided by the Indian
Trademark Registry within 24 to 48 hours after the application and the same will be used in future
communication. The symbol ™ may be used along with the trademark after the application.

2. Examination of Trademark

An examination report will be issued by the officials in Trademark office comparing the trademark applied
with the other similar or conflicting mark existing in the Trademarks Registry. The phonetically or visually
similar trademarks are cited in the examination report. The suitable reply should be filed by the proprietor of
the Trademark or their Trademark attorney such objections raised in the Examination Report. If the Trademark
office satisfied with the reply they may allow the trademark to be advertised in the Trademark Journal.
Otherwise, the Trademark Office sends the show cause notice calling the proprietor or their attorney to attend
the personal hearing with the supporting documents. It is mandatory that the proprietor of the trademark or
their Attorney to attend the Hearing on the mentioned date with the supporting documents. In case of no
appearance, the applied trademark will be treated as abandoned and the proprietor of the trademark may end up
losing not only the legal fee they spent for the application but also their statutory rights in such trademark.

3. Advertisement of Trademark in the Trademark Journal

During the show cause hearing, if the Trademarks Registry satisfied with the submission, the trademark will
be allowed to be advertised in the Trademark Journal with the name of the proprietor and their mark for
publication. This process ensures that any concerned third party can raise objection before the Registrar of
Trademarks by filing opposition before the Indian Trademark Registry. In such scenario, the proprietor of the
trademark must defend the application if they would like to continue with their trademark. In case of no
opposition or objection raised from any third party for a period of four months from the date of such
advertisement, then the trademark will proceed for registration.

4. Registration of Trademark

Finally, the Certificate of Registration for the trademark will be issued by the Indian Trademark Office which
would stand as a proof of registration. The proprietor of the Trademark can start using the prestigious ®
Symbol along with their Trademark.

5. Renewal of Trademark
The registration is valid for a period of 10 years, and may be renewed for further periods of 10 years each with
payment of the renewal fee of 5,000 Rupees. The trademark can be protected indefinitely if it is renewed time
to time.

Assistance of a Trademark Attorney

It is advisable to get assistance from the trademark attorney before selecting

the trademark, brand or logo of a business. The Trademark Attorney will
offer their legal opinion for choosing the right trademark/brand for the
business/products after availing the trademark search report from the Indian
Trademark Registry. This would certainly help to identify similar/identical
trademarks and choose the trademark free from all conflicts.
In addition to that the Trademarks Attorney conducts frequent verification and communication with the Indian
Trademarks Registry to ensure that the is not stalled or ends up as abandoned in any of the above stages due to
non-compliance of mandatory requirements. It is also frequently seen the entrepreneur may not receive the
communications due to change of place of business or for other reasons. Thus, the appointment of Trademark
Attorney could save the brand from getting abandoned or refused in the above circumstances.

http://www.unimarkslegal.com/