We offer trademark searches in India and advise on whether a particular mark can be adopted and used as well as the likelihood of being able to obtain a trademark registration. This is useful if you have not started using a mark yet, because a clearance search on the trademark that you propose to adopt and use will help you determine whether you can do so without infringing on someone else’s trademark rights. You don’t want to spend time and money building a brand only to find out it needs to be change putting you in deep trouble.
As a first step, you can do your own knockout search by searching for the exact trademark you want to use by searching the trademark database.
Once you have completed the initial trademark search, you can file an application for trademark registration with the Trademark Registrar. Just ensure that your application is supplemented with the following information in the prescribed form.
1.) Logo or the Trademark
2.) Name and address of the trademark owner
3.) Classification or Trademark Class
4.) Trademark used since date
5.) Description of the goods or services
After you have filed the application, you will receive a trademark application allotment number. With the help of this number, you can easily track your application progress online. The application allotment number also permits you to affix the TM symbol to your logo.
This is an important step in obtaining a trademark registration. During this process, the registrar will apply the Vienna classification to the trademark based on the figurative elements of marks.
Once the registrar finishes the Vienna codification, he assigns a trademark officer to the application. The job of the trademark officer is to review the trademark application for correctness and issue a trademark examination report. He also handles the objections, if any. In case there is an objection and the applicant is not satisfied, the trademark applicant has the right to appeal the decision of the Trademark Officer before the Intellectual Property Appellate Board.
Once all the formalities are completed, the proposed trademark is published in the Trademark Journal. The Trademark Journal is a weekly publication and includes all the trademarks accepted by the Trademark Registrar. It is open to public for raising any objection. There is a 90 days window for raising objection, if there is no objection then the trademark is registered within 12 weeks.
Once the trademark applicant receives the trademark certificate, they can display the ® symbol next to the logo or trademark. Your Indian trademark registration will last for 10 years as long as you continuously use your trademark. After 10 years, you can renew your trademark registration by paying a renewal fee, failing which your trademark will be expunged from the Register.