A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes)
Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
Stages of Trademark Application
- Deciding Brand Name – word, slogan, photograph, logo, graphic others
- Trademark Search – Process to Search the Class, Similarity others by the team of Experts for word, slogan, photograph, logo, graphic others
- Trademark Application TM -A– You can use ™ From the Date of Receipt of Application
- Examination Reply & Hearing – Authority Themselves Verify the Application and They Found Some Resembles to the Other Registered Brand or Under Registration Brand. They call For the examination Reply & Hearing
- Published in the Trademark Journal– Journal Wherein all Trademarks are Published for the General Public
- Objections or Cross Objections If any. – Any Objection From the Public then need to Reply.
- Registered– You can use ® From the Date of Receipt of Final Certificate
The Above is the Process of the Trademark Can be categorized in to these parts
|Application & Registered||Application, Examination Hearing & Registered||Application, Examination Hearing (If Any) , Publication Objection Hearing & Registered|
|It is the Straight Forward Application in Which You Apply the Name it is Directly Published In to the Journal And Without Objection it gets registered||It is the Application Type Wherein Authority Themselves Verify the Application and They Found Some Resembles to the Other Registered Brand or Under Registration Brand. They call For the examination Reply & Hearing If any Required.||It is the Application Type Wherein Authority Themselves Examine if found any error they will call for Examination Reply After Submission of Examination Reply, If they are Satisfied They Will Publish the Application In to the Journal. If any Objection is Filed by the another party the Same is adjudicated|
|Generally It Happens When Your BRAND NAME ( a word, slogan, photograph, logo, graphic, color combination, sound or even smell ) is too Unqiue and Does Not have Any Similarity.||In this Case if the Application is Selected For the Examination Reply We need to Just Clarify that How Our Brand Is Different From the Resembled Brand and Also Give documents for the Usages If Any.||This application is the some Companies they have Brand name or Logo Similarity they File Objection after it is Published in the Journal for general Public|