Trademark registration can be done through a trademark registry. Upon planning for registering a trademark, the below steps are followed.
1. Selecting a trademark:-
It is crucial to select an explicit symbol. Next, it is crucial to identify the concerned class. Classes 1 to 34 do fall under the goods, and those from 35 to 45 do fall under service category. It is crucial to ensure the identification of the class the same belongs to.
2. Finding the symbol:-
Mark's search can be done by own upon visiting Controller General's site for patents, trademarks, and designs. Otherwise, one may go with legal services, which do cost nominal upon trademark being objected. After making selection of the mark, it is suggested that one must conduct a thorough checking to ensure that the selected mark is identified as the mark that has been registered. This can be done by own or simply upon visiting the concerned website of Controller general of patents.
The other way available is indeed about opting or legal aids.
3. Filing of the application:-
Trademark filling can be done in following ways.
a) Trademark filing under “one” class means it will be registered for a certain class selected. Here the form TM-1 is filled, the fee of which is 3,500 INR. One can find the entire amount payable for the concerned forms here.
b) The other way is filing for multiple classes or series trademark, or collective trademark. Here the form TM-A has to be filled in. This form filling does come with a couple of distinct price range.
4. INR 9,000 or INR10,000:-
Individuals, start-ups, and small companies do fall under this. Here an amount of INR 9k has to be paid for e-filling and 10k for doing individually.
5. INR 4,500 or INR 5,000:-
Individuals, start-ups, and small companies also do fall under this. Here INR 4,500 is charged for e-filling and INR 5000 for doing it physically. Complete detail along trademark photo of 9-5 cm is essential to be provided, and five duplicate copies of the same. This can be filed over the web by own or through an agent.
Through filing the form, it is crucial to ensure that there remains no mistake in it. Any little mistake, if found any, may cause unwanted delays. No surprise as well if this leads to complete cancellation of the application. The same has been witnessed on numerous occasions. It is essential to provide complete detail, and at the same time, one must put an image of the desired dimension's trademark.
It is important to note that complete effort can go into a vein if the dimension is not maintained properly. Once the complete job is done, the entire file must be submitted along with a couple of duplicates when the filing process goes on. It has been seen on many occasions that people ignore the aspects of having a couple of duplicates, which often leads to complete rejection.
Process of doing online trademark registration
1) Step 1: Find a brand name that is unique-may. Take help of internet:-
Internet is the solution to everything. Naturally, one can take reference of the same to come up with something unique. One may combine a few terms as well to come up with something explicit.
2) Step 2: Making a trademark application ready:-
As mentioned below, documents along application are essential for digital trademark registration.
a) Proof of business registration:-
As per the registered business, the concerned company’s director along address proof must be submitted. For sole proprietors, ID proof, PAN, and Aadhar can be used as well. For companies, their address proof has to be submitted.
b) Trademark's soft company
c) Applicable proof of claim of the supposed mark can be used in other nations.
d) The applicant has to sign a Power of attorney.
3) Step 3: Filing of the application for registration of brand name:-
Those going with manual filling have to submit the same at the Registrar Office of Trade Marks at any nearest cities, be it Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. Acknowledgment receipt can be obtained after 15 -20 days. However, it can be obtained immediately in case of an e-filing system through the government website. Post acknowledgment, one can make use of TradeMark (TM) symbol along with brand name!
If the name is not approved, another chance is given for filling the form without any additional charge. Upon failing to get approval at second trial, the SPICe form can be filed again. Entire process of application and approval takes 2-3 days.
In case it gets rejected not being approved about the name, the applicant can have another chance of filling the SPICe form, which doesn’t require any additional charges. Most people, upon remaining ignorant about the same, often deal with various inconveniences.
4) Step 4: Examining the mode of the brand name application:-
Post application is delivered, the registrars ensure that the specific terms are followed for the concerned brand that it meets with as per law. Above all, no conflict should exist between any present or the brand's name on pending list.
5) Step 5: Doing publication of the brand in the Indian Trade Mark Journals:-
The brand name is published within Indian Trademark Journal post-examination process is followed. It has to be ensured that no opposition is there in 120 days from the publication date. This is when the brand name can be acknowledged.
6) Step 6: Issuing the trademark registration certificate:-
The trademark application is acknowledged if no opposition is made within 90 days of applying. After the certificate is issued, the registered trademark symbol or the * symbol can be used along brand name.
Straight from the time of being issued with the certificate, anyone can make use of the registered trademark symbol along with the brand name. It’s a misconception among many that a separate confirmation has to be made in this regard. Also, no matter whether it’s a beginner level organization or an expert level, the mentioned above process can be followed for all.