Trademark Registration: Process, Fees, Availability Check 

Trademark is a kind of intellectual property, which is important for your business and brand. Most of businessmen recognize this, but still some new entrepreneurs, who are just starting the business, they do not have clarity about trademarks. Therefore, you need to know all about trademarks such as the trademark registration process, fees, documents and how to check the availability of trademark. 

All these things play a vital role when it comes to securing business. Because a trademark is an asset to you, that secures your business identity and stops your brand from being copied by unauthorized people. It also offers you legal protection if you have registered your brand. Through this web page, we will explore all about trademark registration from scratch.

Who else can apply for Trademark Registration?

The following can apply for trademark application as per the Trademark Act: -

1. Individual
2. Joint Owners
3. Proprietorship Firm
4. Partnership Firm
5. Limited Liability Partnership
6. Private Limited or Public Limited Company
7. Foreign Company
8. Trust or Society or Section 8 Company
9. Trademark Classes

There are various classes in trademarks under which goods and services are classified. A company can register one or more than one trademarks, that can be a symbol, logo, word, tagline, design, process or more. 

Advantages of Trademark

1. Brand Security: - Trademark provides brand security, it is an open secret, no one can use your brand until you authorize the person. It also helps in building a reputation, consumers identify your brand with the help of a trademark, it makes you stand out of the competition.

2. Legal Production: - Providing legal protection is the major work of trademark, if you have not applied for trademark registration for your brand and third party uses it in that case you can not sue against the third party or claim the trademark. If your it is registered then you can file a case and the Government helps you.

3. Enhance Trust: - If your brand has trademark sign, then it helps in gaining trust of people. A registered trademark means it is more likely to gain loyal customers. As they identify your brand from far in the competition.

Trademark Registration Process 

1. Trademark Classification

First step is to classify the trademark under which category it falls, it needs to be identified for which intention it is to be used.

2. Conduct a Trademark Research

Another step is to conduct research, that the trademark you are looking for or you want to register is available or not in the specific class. If it exists already then you can not register that trademark.

3. Filing of Form

After you find the availability, you are required to file a fresh application for trademark registration. The form/application includes crucial details of the applicant, it also depends on the form of business whether it solo, partnership, LLP.

4. Fees for Trademark Registration

 After the submission of the application, you are required to pay the amount of fee for trademark registration, fee will be upon the class of trademark, it may vary too. In order to pay the trademark registration fee, you can use the online methods mentioned on the Government portal.

5. Examination by the Trademark Department

After the filing of trademark, the trademark department will conduct research, the authority will review the uniqueness of your trademark.  If any objection is found in the trademark application, the authority will review it and examine the objection.

6. Reply to Objections

After department is done with the examination process, the applicant has to reply to the raised questions by the departments. Within 30 days of the examination report, the applicant has to reply, after the reply, the department can arrange a hearing for satisfaction.

7. Trademark Publication

After the successful acceptance of the trademark registration, it is published to the journal, what has the motive to let people know and find objections if any. The trademark stays in the journal for the 3 months, after the publication third party has a chance to file an objection against the trademark applicant.

8. Settlement of the Third Party

After raising objection from by a third party during the period of the trademark registration process, the settlement process is done. This process includes negotiation, settlement and legal proceedings of the raised concern.

9. Trademark Certification Issued 

After completing all the processes, a trademark certificate is granted, this certificate shows you are the authorized owner of the trademark and you reserve rights. After the issuance it is valid for the next 10 years from the date of issuance, then you can renew it.