Trademark is considered as one of the most significant intellectual property rights in respect of Organizations as it plays a key role in differentiating the products and services, building brand recognition, and rendering legal protection against the infringement of trademark.
Trademarks have been defined under Article 15 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as any sign or any combination of signs, capable of distinguishing the products or services of one enterprise from those of other undertakings, must be capable of forming a trade mark.
The Trademarks Act of 1999 along with the trademark rules of 2017 constitute the key legal framework surrounding trademarks in India. As per section 2 (zb) of the Trademarks Act of 1999, a trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods of services of one person from those of others and which may include shape of goods, their packaging and combination of colors and some person having the right as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
Having a registered Trademark assists the companies in securing a distinct mark for their products or services which further enhances their growth and accelerates public awareness by distinguishing their services and products. The brand logo, sound, or any graphically represented mark of an organization is legally secured by registration which further shields the mark against misrepresentation or fraud practices by other potential competitors. Additionally, trademark registration facilitates the process of acquiring global recognition to the products and services offered by the businesses.
The Operational Framework for the Registration of Trade Mark
The application for registration of trademark has been provided in Section 18 of the Trademarks Act 1999. Further, there are six steps for the complete registration of trademark. These steps have been mentioned below:
- Pre-Examination – The first step is the pre-examination process wherein the person claiming to be the proprietor shall file the application for registration of trademark to the registrar and upon receiving the application, codification of figurative elements is evaluated as per the VIENNA agreement and further marked for examination.
- Examination of Application – In the second step, the application is first examined by the examiner and subsequently sent to the examination controller. On the acceptance of the application, the proposed trade mark is published in the trade mark journal for objections and upon rejection, the same is reverted to the examiner for re-examination. Any objections raised must be replied within 30 days from date of receipt of the examination report.
- Post – Examination – The third step is the post examination processing wherein if the objections have not been replied, the application is dismissed. However, if the same are replied within 30 days, then the objections are either accepted and posted in the TM journal or if the objections are not properly met, a hearing opportunity is provided to the applicant.
- Post Advertisement Process – The fourth step is the post advertisement processing which includes raising of objections for trade mark posted in TM journal within a period of four months. If no objection is raised, the mark is considered eligible for registration and valid for 10 years and renewable upon due payment of fees.
- Opposition – The fifth step talks about the objections raised during the advertisement period which needs to be expeditiously dealt after giving hearing opportunity to both the parties.
- Post Registration Trade Mark Management – The last step includes post registration and trade mark management wherein changes can be made by the proprietor by submitting an application for the same with Registrar and is required to comply with the directions within 30 days.
How Upscale Expedites the Process of Trademark Registration
Upscale legal has a team of trademark attorneys and lawyers who are qualified and capable of assisting in trademark registrations. Our legal professionals will guide and provide assistance on each step as and when required and will monitor the whole process as to guide through the Legal process of Trademark registration. Our team will undertake public search and will provide their opinions on the availability of trademarks proposed to avoid potential risks and threats. The assistance is not only limited to public search and legal opinion but also includes performing routine checkups to ensure compliance with requirements of Trademark Registry.
Hence, trademark registration not only serves as a legal mechanism for brand protection but as a fundamental and indispensable tool in promoting the business growth. With the guidance of the legal professionals at Upscale legal, excelling in trademark registration processes, navigating through the legal intricacies becomes convenient and precise.
