In simple terms, trademark means registration of your brand name. Here, we are trying to understand, how to protect our brand’s reputation by way of registering our brand as a trade-mark.
In layman’s language, it is a visual symbol which may be a Name, Phrase, Logo, Graphic, Smell, Sound Mark, Label, Device, Word signature, combination of colors or numerical.
Trademark literally means, “This brand name is ours” and if any one dare to use it to sell their products, we can sue them. Trademark identifies and distinguishes the source of the goods or services of one business entity from those of others.
If you’re starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A “trademark” is that symbol you will use to do so. Registering a trademark is a legal process provided for under the Trade Marks Act, 1999.
Bass Brewery’s logo was the first image registered as trademark in the United Kingdom, in 1876.
So, now let us discuss about the procedure of registering a trademark.
Before starting trademark registration process, we or any third party professional on our behalf must conduct a trademark search. Trademark search will help us in providing information about similar trademark that has already been registered with the trademark registry.
An online database is available on the website of Comptroller General of Patent Design and Trademarks, where search can be done by professionals and non-professionals. The database contains all the applications submitted to the concerned office including applied, objected, registered and expired Trade Marks. Trade Marks search provides valuable information to the user. To do Trade Mark search click here
To do search on above page of the website, following steps require –
You will find your desired result and you may also change your search criteria if required.
After completion of Trade Mark search, the application can be filed with the Trade Mark Registrar office. This application should be filed along with a fee for the Trade Mark registration and it can be filed with one of the five Trade Mark registry offices by hand or online. Trade Mark application requires
A Trade Mark application requires the following information
e-filing procedure of Trade Mark application is as follows –
Registration can be done to (1) Proprietor / Applicant (2) Agent or (3) Attorney
Please click here to see the e-filing manual on the Government website.
After filing Trade Mark application with registrar, an allotment number is provided within one to two working days but in case of e-filing of application, an application allotment number is allotted immediately.
After getting trade mark allotment number, the owner can affix the TM symbol next to logo. Application status can also be tracked online through online trademark search facility. Click first option “
Application status can also be tracked online through online trademark search facility. Click the first option “Trade mark Application / Registered Trade mark”
When the application is accepted by Trade Mark registrar, the proposed trademark gets published in Trademark journal. If no objections are filed within 90 days of that publication, the Trademark will be registered within 12 weeks.
If there are no objections or oppositions for the Trademark registration application filed, the Trademark registration certificate will be issued and this Trademark will be considered as a registered Trade Mark of the owner. The ® symbol can now be placed next to logo or Trademark.