Merits of Registering a Trademark

Advantages of Registering in India

There are many reasons for registering your own business trademark. Have a look below to discover:

• It creates a symbol of your business/ brand to gain recognition.
• With it, winning the trust and building relationships with your customers becomes easier.
• It provides legal protection to your own brand’s intellectual properties.
• It’s precious and no less than a valuable asset for your brand.
• Nobody can use your trademarks unless you permit them, which is all about preventing unauthorized use.

Process of Registering Trademark

It’s actually challenging to register your trademark in India. There are several hurdles involved in it. Tailormade supports you with end-to-end consulting regarding this process. Here is how we support:

Step 1. Search for Trademark

Once you shared the basic information about your intended trademark and your business, we search across the trademark database. It ensures that your intellectual property is not available, and hence, is unique.

Step 2. Class Selection

There are a few classes, which cover Class 9 for computer software and electronics, Class 25 for clothing, Class 35 for business management and advertising, and Class 41 for education and entertainment trademarks. This step is about selecting the best fit class from the given ones. We guide you throughout this step to select the right class.

Step 3. Application Filing

This is an application process, which requires you to upload all requisite documents. Our experts help you to fill it in the correct manner. Or, we can do it on your behalf. We provide a complete understanding and consulting about this entire application procedure. Once done, you need to keep an eye on notifications from the Trademark Registry, which confirms registration.

Step 4. Facing Objections (in a few cases)

Sometimes, the registration authority does not get fully satisfied. So, it raises some concerns or questions, which you need to respond to them within a month or 30 days. Or, it can be related to erroneous applications. In both cases, the status will appear as “Objected”. If you face such obstacles, we guide you on how to answer them correctly with proof. Providing proof will be your strength and create a sense of urgency to claim it.

Once your response is accepted, your application will be forwarded for brand registration and advertisement in the Trademark Journal. Sometimes, it may not be accepted. Then, the hearing is scheduled by the competent authority. A notice is sent to you in this regard. These procedures take long 2-4 months. As your application is approved, you get registered.

Step 5. Trademark Opposition (in a few cases)

A trademark opposition is a legal proceeding wherein one party (that raised the objection) tries to put concrete reasons to stop granting a trademark. This voice can be raised by third parties that find it a threat to their own trademark. Such parties file objections in writing via notice to the verifier. If there seems any merit to opposition parties, the verifier requires a counter-statement to the Registrar within 2 months.

If the presented documents or proofs seem to address the opposition’s claim, the verifier will dismiss the opposition parties. Also, if the case is flipped to it, the competent officer may call both parties for a hearing. During this trial, both parties put their facts. Upon hearing, the Registrar rues on the validity of either claim (of the brand and opposition parties). Here, the Intellectual Property Appellate Board will decide and make it public.