How to secure the trademark?
To secure or reserve the trademark, one will have to apply for the reservation via the trademark application with form TM-1. It can be done either via online or offline mode by visiting the office.
What are the procedure and the cost involved?
Step one – trademark availability search.
Before applying for company trademark registration India, it is crucial to search for a name’s availability; equally important is to search if the trademark you want to reserve or secure resembles an existing trademark; doing so will restrict any objection that might come otherwise.
Time and cost involved in the process – usually, it takes a day to search in the trademark records history; it can be done online or offline by visiting the trademark office. Generally, there is no cost involved in the process if you are carrying it out independently. Nonetheless, it is always prudent to get it done via an expert who knows everything about the process.
Step two – submission of form TM-1 application.
Once the availability search is done, one should apply for the reservation of the trademark. This application can be made online by visiting the official website, or an offline application can be made at the trademark registrar’s office.
This application mainly needs the following information;
– Selected mark.
– The proprietor of the trademark.
– The products for which the trademark will be utilised.
Time and cost involved in the process – it costs around Rs. 4000/application per class, and usually, it takes one or two days.
Step three – inspection of the application by the registrar.
Once the application has been filed, the registrar’s office would inspect the distinctiveness of the mark, and he/she would either accept the application or decline it.
Usually, an objection is made due to the following reasons as given below;
– The selected trademark is identical or similar to an existing trademark.
– If it includes some unlawful or obscene content in it.
If the following reasons are found in the application, then he/she would object or, in other words, they would propose several amendments, terms, restrictions and so forth.
Step four – accepting or challenging the objection.
When you find the raised trademark objection reasonable, you can accept it and do the requisite modification, or if you find it unreasonable, then you can chose to go for the Trademark Objection reply by consulting the legal experts.
Time and cost involved in the process – it would require the services of a lawyer, and time and cost would rely on the nature of the objection.
Step five – publication of the trademark in the trademarks journal.
The last step would be to publish the trademark in the trademark journal. It is to be done to offer an opportunity to oppose the published trademark; anyone from the public can raise an objection against the trademark within 3-4 months after the publication.
Issuance of trademark certificate.
If nobody from the public objects to the publication of the trademark within a limited time, the registrar will accept the application along with the issuance of the certificate. Afterward, you can use the trademark for your business. It might look like a time-consuming process, but it will offer your business many benefits.
