In this century, with the amount of technological development happening around us, competition is increasing at a lightning speed. In this competitive market, it becomes very important for brand owners to create and retain a distinctive identity in the minds of their target audience. TM Registration online in india is a process that will help the brand owners in protecting their unique and distinctive brand identity.
Why opt for TM Registration Online?
Once a business owner comes up with their business/brand name, protecting it from infringement become their primary concern. An infringer can copy their name, logo style, colour scheme, or more in such a way that it will deceive the audience of the original creator. Trademark Registration online is the best possible solution to this dilemma.
The process of TM registration online in India is quite simple and logical. However, since it involves multiple stages, the time taken to get the TM registration is at least 8 to 10 months.
Timeline for TM Registration
The exact timeline to get a trademark registration is not fix. Since each step in the registration process has two possible outcomes. However, here’s a step-by-step estimated timeline to help in understanding the basic process and implications involved.
1. Identifying the Relevant Trademark Class
The first step associated with trademark registration is to identify the class/es under which you want to apply for your trademark. Trademark NICE Classification covers various goods and services under different ‘classes’. A trademark can fall under one or multiple classes based on business activities. For multiple classes, you can either file separate applications or file one multi-class trademark application. Identifying the relevant classes usually takes 15 to 20 minutes, based on the varied business activities. You can do your trademark class search by using tools created by various stakeholders.
2. Conducting Trademark Search
This step registration process is of utmost importance. This step allows you to check whether the brand name or logo that you seek registration for is available or not. A mark is available for registration when a search report indicates that there are no existing similar marks in the journal or trademarks. It is a rule of governing law that all registered trademarks must be unique and distinctive. Hence, conducting a search and getting clearance from the search report is a mandatory step of the brand name registration process.
This whole process of getting a search report of trademark registration takes 30 to 40 minutes, depending upon the report that you get.
3. Filing a Trademark Application
Once you are sure from the report that your brand name is available for registration, you can go ahead and file the trademark application. This process can take one or two business days, based on the amount of time it will take you to gather all necessary documents. These documents include:
- Proof of incorporation of your entity;
- Geographical representation of your brand name/logo; and
- Power of Attorney (if applicable)
4. Examination of the Mark
After the filing of form TM – A is complete, all you need to do is wait for the next update. It takes around 4 to 5 months to get this update. During these 4 to 5 months, the trademark officer goes through all documents submitted by you and examines the marks for objections. Upon examination, your mark might either be:
- Acceptance and advertisement in the journal; or
- Objected on grounds of refusal.
5. Reply to Examination Objection
If your mark receives an objection under the grounds of refusal, you need to file a reply letter to this objection, clarifying how the ground is invalid, and that your mark is not liable to refusal. An applicant needs to submit this reply within 1 month of the issuance of the Examination Report.
6. Show Cause Hearing
The Show cause hearing may have any of the following consequences:
After submitting the reply letter, you again have to wait for a period of 3 to 4 months. During this time, the officer will go through the reply that you submitted. If they think they need further clarification from you, they will issue a notice for a show cause hearing. The hearing gives you a chance to present your case to the officer and explain the relevance of your mark in person. Three possible outcomes of show – cause hearing are:
- Acceptance and Advertisement;
- Refusal order; or
- Adjournment
In case of adjournment, it will take another 3 to 4 months for the officers to allot the next date of hearing.
7. Acceptance and Advertisement
This is one of the crucial aspects of getting TM registration online. The reason is, once your mark is accepted, at any stage of registration, it will be published in the journal of trademarks for four months. During this period, any third party can oppose the registration of your trademark. If no one opposes your mark, after the end of these four months, you will get your registration certificate. However, if your mark is opposed, you will have to follow a completely different route till registration.
8. Trademark Opposition
All trademarks that are opposed need to go through a completely different process, which includes the following steps:
- Filing a counter reply;
- Waiting for opponents to file evidence;
- evidence in support of the counter statement; and
- Opposition Hearing.
This entire process takes around 1 to 2 years before a conclusion can be reached.
CONCLUSION
Now that you know the entire timeline for brand name registration in India, you can apply for your mark and not worry about it. However, do remember that until you receive the certificate of registration for your trademark, you need to keep a regular check on the status of your application. The reason behind this is, if an action is not taken within a given timeline, your application will get ‘Abandoned’ by the registry.
