TRADEMARK RENEWAL ATTORNEY HATHRAS | 7060840732
1. The First step in TRADEMARK REGISTRATION is choosing the class among 45 classes of Trademark.
In this we have to first select the class under which our product or service comes.
For Example If our Product is Footwear then the Class applicable will be Class 25 because in 45 classes, class number 25 is applicable on Footwear, Clothing.
Thus if a person wants to trademark his Footwear Brand then first class 25 will be applicable on his product.
2. Search in class whether proposed Brand Name is available or Not
The next step is to search whether the proposed Brand Name is available or not. It means If the proposed Brand name for example is KIO, then at IPR website first we need to check that KIO is registered in class 25 already or not?
If KIO is not applied or registered, then we can proceed for TRADEMARK REGISTRATION in class 25.
This step is also very important because if we apply without first conducting search at IPR website, then al lot of possibility is there that a person can apply a similar brand already on record. And later the application might come under objection by the Registrar of Trademark.
3. Application of TRADEMARK REGISTRATION at IPR website
TRADEMARK REGISTRATION Complete Process Next step is to make an application at IPR website of proposed Trademark or Logo Registration
For making an application first we need DSC i.e. Digital Signatures of Applicant.
For applying DSC of Applicant we need
- Pan Card of applicant
- Aadhar Card of applicant
- Photo of applicant
Once DSC generated, an application of TRADEMARK REGISTRATION can be proceeded.
Log in at IPR website, then Register DSC of Applicant and then apply Trademark of Brand Name proposed by the Applicant.
4. TRADEMARK REGISTRATION application Accepted or Objected
TRADEMARK REGISTRATION Complete Process also includes this step. Once an application of TRADEMARK REGISTRATION is done, in 15-20 days it will be clear by tracking the status of Application at IPR website, whether the application is accepted or objected by the Registrar of Trademark.
If it is accepted then it will be proceeded for Publishing in Trademark Journal.
If it is objected by the Registrar of Trademark, then reply have to be given on the objection raised by the Registrar of Trademark.
Objection can be on the basis of Section 9 or Section 11 of Trade Mark Act, 1999 and Trade Mark Rules, 2002
Section 9 objection can be if the mark is a common surname/personal name/geographical name/ornamental or a non-distinctive geometrical figure and as such it is not capable of distinguishing the goods or services of one person from those of others.
Section 11 objection can be if the mark is identical with or similar to earlier marks in respect of identical or similar description of goods and because of such identity or similarity there exists a likelihood of confusion on the part of the public.
If an objection is raised under section 9 or section 11 or both of Trade Mark Act, 1999 then Accordingly, applicant is requested to submit his response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of this Examination Report or he may apply for a hearing.
Thus a written reply needs to be submitted at the Office of Registrar of Trademark and also in reply applicant can also request for hearing in order to give his submission verbally.
The Complete process of Trademark Registration took 5-6 months including 4 months of publishing of application in Trademark Journal.
This time enhances if any objection is raised by the Registrar of Trademark in the Proposed application.
Once an application got registered, it is valid for 10 Years subject to renewal before expiry of ten years and subject to payment of renewal Fees.
TRADEMARK REGISTRATION Complete Process is elaborately explained in this post trying to make the applicant clear about the documents required, time involved in making TRADEMARK REGISTRATION application.
In case of Individual/Small Enterprise the Govt Fees payable is 4,500/-
In case of Big entities i.e. LLP, Private Limited Companies the Govt Fees payable is 9,000/-
FOR MAKING AN APPLICATION OF TRADEMARK SYMBOL ONLINE, ONE NEEDS TO BE READY WITH HIS
1. LOGO2. WORDMARK3. DIGITAL SIGNATURES (DSC), 4.DETAILS OF APPLICANT I.E INDIVIDUAL OR FIRM5. IN CASE OF APPLICANT BEING INDIVIDUAL HIS PAN CARD AND AADHAR CARD6. IN CASE OF PROPRIETORSHIP FIRM, GST OR ANY OTHER REGISTRATION OF FIRM
THEN AT THE FOLLOWING LINK, ONE CAN APPLY FOR TRADEMARK REGISTRATION ONLINEHTTPS://IPINDIAONLINE.GOV.IN
FOR ANY QUERIES CALL 7060840732
