The Registration Process under Trademark Law

A trademark is a form of intellectual property. It can be a word, a device, a name, a symbol or any combination obtained by an institution or company to show the difference between their product and the products of other companies. It can also be recognised as the label. The trademark can be owned by any business organization, natural or legal person. Trademark rules and regulations are governed by the Trade Marks Act of 1999, the Trade Marks Rules of 2002 and the Trade Marks Amendment Act of 2010. Nowadays online platforms are giving an opportunity to law students to understand the concept of trademark law by providing online law certification courses.

Types of Trademark -

There are so many types of trademarks which are registered under the Trademarks Act 1999 which are mentioned below-

Product Mark: A product mark is a type of mark used for a commercial good rather than a service. This mark is mainly used to identify the origin of the product and helps to protect the reputation of the company. For example Nestlé, Amul etc.

Service Mark: A service mark is quite similar to a product mark, but service marks are used to identify a company's services and not a product. These are used to identify the owners of other services. For example, the branding of network and broadcast services, as they support the service provided. Applications filed under trademark class 35-45 represent the service mark. For example Apple, Google, etc.

Collective Mark: A collective mark is inscribed in the name of groups or organizations. These are used to acquaint the public with the group during business activities. When a group of individuals collectively protect a service or good, this mark is used. Any association or public body or company referred to in Article 8 can be the owner of a trademark. A common example of a collective trademark in India is the Chartered Accountant designation. For example, Reliance Communications, Tata Sons, etc.

Certification Mark: This mark is a sign that indicates the origin of the product, the quality, the material or other specific details of the product issued by the owner. The main use of this brand is the standard and value of the product. Certification marks are often seen on packaged foods, toys, and electronics. For example, ISI, ISO, etc.

Online Trademark Registration -

Therefore, branding is a brand or logo that helps people distinguish your products from others. A registered trademark is an intangible property of a company that is used to protect the company's investment in the trademark or symbol. This unique identity can be a slogan, a photo or a logo, it can be anything.

In India, trademarks can be registered online by the Controller General of Patents, Designs, and Trademarks. Trademarks are registered under the regulations of the Trademark Act, 1999. Registration also gives you the right to sue anyone who tries to copy your mark. The justifiability of the trademark is 10 years from the date of registration and can be re-registered after expiry. With all the advances in technology, trademark registration applications can easily be done online with the help of a registered trademark attorney.

How to Register Trademarks?

The trademark registration process in India is on a first-come-first-served basis. That is why it is important for everyone to register as soon as possible. In general, it takes about 2-3 years for a trademark to be registered, unless there are objections from a third party.

Trademark Search: The first step in the registration process is the trademark search. Research is required to search for similar marks on the IP site. If a similar brand is found, browse its description to find the product or service it represents.

Choose a trademark agent in India: In India, only owners are allowed to file a trademark application. If an owner is not present, the rights owner must apply through an agent or attorney. Usually, the agent takes on all responsibilities such as research, filing, preparation and prosecution of the trademark.

Eligibility and Availability of trademarks: Initially, the agent starts the process by verifying if the trademark is eligible for registration and doing a full search to see if a similar trademark is present in the general controller office.

Completing the application form: The rights holder can grant their power of attorney to the agent to complete the process and submit an application on behalf of you. The form requires every detail such as the name, address of the owner, a brief description of the services and goods associated with the trademark, if there is a similar trademark, and a copy of the trademark.

Review by Office: After completing the form, the trademark office checks the application for errors and then provides the application number. If the trademark is sanctioned, the application number becomes the registration number.

Preliminary Approval: The application passes to the association for consideration of the exclusion of the application from registration for the reasons described in the Trademark Act 1999. Subsequently, the association prepares an investigation report through which the registrar of the trade mark association decides on the future of the asks if it is accepted, rejected or compensated for "show cause". In the event of a show cause, the application can be accepted, rejected and accepted with some limitations.

Registration: The registration certificate can be issued within three months unless a third party objects to it.

Conclusion -

In a nutshell, registering your business and the trademark registration process that protects the goodwill of your business is a vital part. Trademarks are the exclusive rights enjoyed by an individual in relation to their products and services. It allows owners to benefit from their works when they are commercially exploited. A party that owns rights to a particular trademark can sue other parties for trademark infringement. Law aspirants should definitely attend online legal courses which will help them to brush up their knowledge about all the laws of intellectual property law as this is very attractive to young lawyers. There are the best online legal certification courses available which should be surely attended by the law students who are interested in intellectual property law.