Trademark Prosecution in India: Explained Step by Step

Trademarks help companies gain brand awareness, make their products and services distinctive, and prevent rivals from stealing their brand name. Hence, trademarks are essential.

The requirement of a Trademark is for product branding, and the passage from Trademark to Brand and Brand Equity is time-consuming and resource-intensive.

The legal status in trademark registration for a service or product is known as trademark prosecution.

What is a trademark?

Trademarks are chosen to symbolise specific goods/services, linked product relationships, differences in competing products/services, and promotional campaigns and placement, among other defined requirements.

A trademark is a distinguishing mark representing a business and can take the form of anything from a prominent structure to a scented one. Filling out much paperwork relevant to the Trademark's strength, type, and branding is part of the procedure. The trademark proprietor has numerous legal benefits and privileges by registering this sign.

Let's get in-depth and learn about registering a trademark in India in detail.

The procedure for registering a trademark

Step 1: Conduct a trademark search

Many business owners are unaware of the significance of a Trademark Search. Recognising that having a distinctive brand name is not a sufficient justification to avoid conducting a trademark search. Because there are currently thousands of trademarks on the market, it is critical to perform a public search after a trademark is picked.

Searching guarantees no competing registered or unregistered marks with the chosen trademark. It is helpful to determine if similar trademarks already exist. Completing a trademark search in advance might avoid costly and time-consuming trademark litigation.

Step 2: Submit your trademark application

After ensuring that one's preferred brand name is not registered with the Trademark Registry of India, one can proceed to the next stage: filing a trademark application to register it.

One must file a trademark application with the Trademark Registry of India. The form used to apply for trademark registration is Form TM-A. It can be filed either electronically through the official IP In or at any of the five Trademarks Registrar Offices, depending on the Trademark jurisdiction.

After filing, an official receipt will be supplied for future reference, and the authority will provide a trademark application allocation number within one or two business days.

Step 3: Trademark application examination

After filing a trademark application, the Examiner must submit an obligatory examination report per the Trade Marks Act, 2016.

The examiner may accept the Trademark unconditionally or conditionally, or he may raise concerns.

If the Trademark is unconditionally accepted, it is published in the Trademark Journal. But if the Trademark is accepted conditionally or is objected to, In that case, the conditions that are expected to be fulfilled or the grounds for such objections are mentioned in the examination report, and 30 days is given to fulfil the requirements or respond to the complaints, wherein one must put his contentions along with evidence to waive off the complaints.

When such an answer is accepted, the Trademark is published in the Trademark Journal. The examiner can request a hearing if the response is rejected.

Step 4: Trademark publication

Once the application is approved, the Trademark is promoted and published in the Trademark Journal for four months. The purpose of the advertisement and publication is to encourage anyone who objects to the registration of the Trademark and offer that person the opportunity to oppose it. The trademarks journal is published on the Registry's official website and is updated every Monday.

Step 5: General public opposition

Any individual dissatisfied with the Trademark's publishing and advertisement in the journal may file a notice of opposition to the registration of the published Trademark. Within four months of the mark's publication in the Trademark Journal, the notice of opposition should be filed using Form TM- O.

If the applied Trademark is contested, the due process of law must be followed, which includes filing a counter-statement application, providing evidence, and holding a fair hearing to register the Trademark, the decision of which will be made by the Registrar. The Trademark is registered if no opposition is filed within this time frame.

Step 6: Trademark registration

The final phase in the procedure is registration. Once the application for trademark registration is approved, a Registration Certificate bearing the Trademark Office's seal is issued. If there are no objections to the Trademark registration during these four months, the Trademark gets legal status in trademark registration.

After registration is complete, the Trademark is valid for ten years. It can be renewed indefinitely. As a result, one's brand name registration can get safeguarded in perpetuity.

To conclude:

The trademark prosecution is a simple procedure, but it is unquestionably critical. Once registered, a trademark becomes an untouchable asset of the firm, protecting the corporation's investment in the brand.

The most significant advantage of having a registered trademark is the ability to protect one's brand and the business. Furthermore, a strong brand can directly link the consumer and the product by ensuring they are reliable and connected with the firm for a long time.

As a result, it is strongly recommended that every entrepreneur register their Trademark following the trademark prosecution steps mentioned above and renew it regularly.