A trademark is defined as a unique sign, design or an expression which is related to a product or service that differentiates it from others. Trademark registration is required to protect your unique expression. The expression can be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell. However, most of the businesses are undergoing trademark registration for their brand name or logo. Trademark owners have complete authority over rights to use it for the categories these have been registered in. There are 45 categories available to choose from and these are called as classes.
Trademark registration provides authority to owners so that they can have their right to the trademark in legal cases and also can earn royalties from it. It helps in preventing piracy of brand names and logos etc. You have to conduct a thorough trademark search to verify the uniqueness of your brand name. In India, to get a ™, it will take at most three days, but it will take up to two years to get it registered so that you can use the ® symbol.
You are required to fill up the trademark registration form by providing all the relevant details about your business.
We will run a through trademark search to check the availability of your brand name or logo. If your brand name or logo has already been trademarked, we will provide our suggestions to you so that you can modify it to some extent so that you do not face any objection by the registrar or a third party.
Every brand name or logo need to be registered under a particular category. There are 45 categories available to choose from and these are called as classes. For example, cars will be registered under one class whereas restaurants will be registered under another one. We will advise you about the classes under which you have to apply.
Once you file the trademark application, you will be provided with a TM number from the registrar. This TM number is of quite importance because it helps you track your application and allows you to use the ™ symbol with your trademark. It will be provided to you in at most 3 working days.
The Vienna Classification or Vienna Codification is an international classification of the elements of marks. Once you have filed an application for a trademark, the trademark registrar will affix a Vienna Classification on your trademark. The application status at this stage will be ‘Sent for Vienna Codification”.
The trademark officer will examine your trademark with underlined procedures and guidelines. Based on his judgement, either he can accept the application or raise an objection.
If the officer raises an objection for the trademark, you can apply for a hearing before him. If he is satisfied with your clarifications, he will pass on your application to the next stage. If he is not satisfied, he will reject your application. In case you are not satisfied, you can approach the Intellectual Property Appellate Board.
The following details will be required for trademark registration: -