A checklist for trademark application

A trademark application is filed to register a trademark, which consists of several details regarding the applicant and their business. There is a prescribed manner and a prescribed fee of Rs. 4,500 for individuals and small enterprises and Rs. 9,000 for large enterprises. Apart from all such things, digital signatures are also needed if filing online.

A trademark acts as an identity of a brand in the market. Every customer starts associating that particular trademark as a source of goods or services supplied by the trademark owner. However, every brand owner needs to register their trademarks. However, it is not mandatory but always advisable for several reasons and benefits. An application needs to be filed at the registry for that purpose. We will be discussing all the documents needed and other essential things to keep in mind while filing a trademark application.

What documents and information must be kept handy to register for a Trademark?  

1.A trademark, whether a logo, word, or numerals.

2.Details of the applicant include the following:

1. Name,
2. Address, 
3. Type of Business, 
4. Business activity,
5. Company’s place of incorporation.

• A product or service that needs to be registered
• User details of the trademark (whether proposed to be used or date of usage)
• Duly signed and notarized User Affidavit in case the trademark is in usage before registration
• MSME Certificate, if issued
• Duly signed and notarized Power of Authorization.

What is the Procedure for Trademark Registration?

Trademark Search:

• Fore-most important step.
• Should research the government database well.
• It shows the availability of the proposed mark.
• Talk about the probability of successful registration.
• It talks about the probability of receiving objections from the examiner and opposition from others.

Trademark Application Filing: 

• Once a trademark search report is done, it shows a high to moderate chance of successful registration. 
• This can be done with the help of an attorney/agent or personally.
• All particulars need to be filled with due care in a prescribed manner.
• Applications are finally filed after signing digitally and making the prescribed fee.
• If the applicant wants to register a trademark in more than 2 classes, they must pay an official fee per class. Many people opt for multiple class filings to avoid paying separately for classes under class 99. It is not advisable to do so because when a trademark gets an opposition or objection under one class, other registrations also get delayed. 
• Only one trademark can be filed at a time.

Trademark Application Allotment: 

• The Registrar provided an Application Allotment number for the successful filing of the application.
• It is used to check application status online through a search facility on visiting: https://ipindiaonline.gov.in/eregister/eregister.aspx

Trademark Examination: 

• An officer in the Trademark Registrar's Office examines the entire application and issues a trademark examination report. 
• Under this stage, an application can be accepted or objected to on relative or absolute grounds.
• Hearing is conducted in cases of objections raised.

Trademark Journal Publication:

• The trademark journal is published consisting of all accepted trademarks by the registering authority.
• This report is published every week.

Opposition Period:

• Once a trademark is published in a trademark journal, a four (4) month period is given to those having problems with the registration to raise objections.
• If any application receives opposition, whole opposition proceedings commence, consuming up to 1-2 years.

Trademark Registration: 

• The trademark manuscript and registration certificate are prepared and sent to the trademark application in case of no opposition.
• Trademarks are registered when the trademark issuing authority releases the certificate.

Conclusion:

With increased awareness among the people, the number of trademark applications is also increasing daily. People understand the value of protecting their intellectual property rights at any cost. In addition, it gives them a legal right to sue the infringers and protect their services’ or goods’ authenticity and quality. Trademark infringement is unauthorized usage of a trademark without the consent or knowledge of the registered owner or any licensing. Hence, it is very important to enjoy all the benefits of Trademark Registration before it gets too late.