Trademark Registration

The process is:

1. Trademark Name Search

One of the most important aspects in deciding whether or not a mark will be registered is the results of a trademark search or trademark name search (brand). Although it aids in the determination process, having a distinctive brand name is no assurance that a trademark will be registered in your name. Applying for a trademark without first checking its availability is a bad idea that could cost you time, money, and possibly legal representation if the wrong trademark is chosen.

2. Filing Application

If the trademark name has been selected and is listed on the Trademark portal, an individual can submit an application by paying the government fee of Rs. 4,500. The entire thing is handled digitally, with the help of an attorney or the individual’s DSC. It is possible to file for a trademark in the form of a device mark (logo), a word work (brand name), a sound mark, a three-dimensional representation of the goods, or a combination of these elements. Depending on the circumstances, the registration process for a trademark could be sped up if the prior or proposed use of the mark was selected. The trademark applicant must be verified as a business rather than a person if the company and brand names are identical. Companies can get a rebate of 50% off the Rs. 9,000 application price for trademarks by including a certificate of Startup India Recognition or Micro, Small, and Medium Enterprises. Individual applicants should avoid using personal identification information like their Social Security number or Aadhaar card in their trademark applications because doing so could negatively impact the trademark paperwork being publicly available.

It is important to double-check the goods and description or taxonomy used in a trademark application against the trademark website, as using the incorrect nomenclature could necessitate resubmitting a TM-M form to correct the trademark application.

3. Analysis of a Trademark

Following receipt of a trademark application, the examiner will verify its veracity. Within 60 days of the application date, the examiner may issue an objection report on the trademark if there is a discrepancy. Unfortunately, most trademark applications encounter opposition from those who just don’t know what they’re doing when it comes to choosing a brand name (about 75% of all cases).

A response must be filed if the trademark department raises an objection within 30 days of the examination report’s issue. In cases when a response to a trademark objection is not submitted within the allotted period, the registrar may withdraw the application. Show cause hearing is the next step if the trademark objection response is not accepted. You should always have a lawyer create your trademark objection reply because about 80% of them end up in a show cause hearing. Once an application for a trademark has been approved without conditions, it is published in Trademark Journal.

4. Trademark Publication

Every 14 days, Trade Mark Journal will publish the applications that have been submitted. Within 4 months of the examination report’s release date, anyone with concerns about the brand name can file an opposition with the trademark registrar. If the trademark application encounters no resistance, it will be processed and registered.

5. Registration Certificate

The Trademark Registrar issues the digital registration certificate when the Trademark has been advertised for four months in the Trademark Journal.

6. Renewal

After ten years, you’ll need to renew your trademark registration to continue enjoying full trademark protection. If you have a skilled lawyer by your side, registering your trademark will be a breeze. If you’re having trouble keeping track of registration deadlines and responses, Lex N Tax can help.

Initially, you have to provide us with the following details:

• Applicant’s name
• Registration address
• Business Type
• Business objectives
• Brand/logo/slogan name

The documents required are:

• Signed Form-48
• Business proof (depends on the type of business)
• Identification proof of the signatory
• Address proof of the signatory
• Udyog Aadhar/MSME registration certificate (optional)

The trademark examiner may find flaws with your trademark registration in rare situations. Problems might arise when a trademark application is filed with inaccurate information, such as a misspelled name or false details about the goods or services offered.

As soon as an objection is filed, the registration status will change to “Objected," a well-written answer will need to be sent, along with an examination of the objection and any evidence to back it up. In response to an objection, you have the chance to fortify your claim over your mark and inject a sense of urgency.

Acceptance of the response triggers the next steps in the application procedure, which may include registration and publication in the Trademark Journal. In the event that your trademark application is not accepted or the examiner requests more information, you will be notified so that you can prepare for a trademark hearing.

From the time an objection is raised until the conclusion of the process is normally two to four months. After finishing, the likelihood of acceptance increases but is still not assured.

We are a team of highly experienced and qualified professionals. We have years of experience in the field of trademark registration and management. We are familiar with all the procedures, laws, and regulations related to trademarks. We know how to deal with clients and help them with their trademark registration process.

We understand your needs because we have been there ourselves. Our team consists of lawyers who have worked in various law firms and understand the importance of trademarks.

Our services include:

• Trademark registration
• Trademark renewal
• Trademark opposition and cancellation proceedings
• Trademark infringement cases

We understand that every client has different requirements in terms of budget, time frame, and confidentiality requirements. We offer a flexible pricing policy so that each client gets what he/she deserves at an affordable price.