The steps required to trademark your business name/logo include the following:
Initially, proper research is required to opt for a trademark for the business.
TM form filing
Filing of an application with form TM-A is required, for the registration of the trademark.
Application Number Is Allotted
Once the filing of an application is done with the requisite documents and fee, an application number is generated. Using it, one can check the application status online.
Examination Of Application
The trademark examiner checks the trademark application by adhering to the provisions of the Trademark Act. The registrar might accept/reject/object to the application if any discrepancies are found.
Receipt Of The Examination Report
An examination report is generated by the registry within a time span of 3 months-12 months mostly.
Reply To The Examination Report
On receiving the examination report, one needs to file a reply with the registrar to address the objection highlighted by the trademark examiner. One has to file the reply within 30 days (starting from the day of receiving the examination report). Else, the trademark application can be discarded.
Trademarks Journal Advertisement
If no objection is made by the registrar or the objections are satisfied with the reply, the trademark which is applied for will get published in the trademark journal. It is basically an invitation to the public to oppose the mark.
A party has the opportunity to raise an objection to the trademark within 90 days from the date of publication. If a third-party is opposed to it, then in the case of opposition, both the parties(applicant and opposition) can appear at the hearing.
If the objections (if any) are eliminated by the third party or examiner, then a trademark registration certificate issued to the applicant. The trademark applicant is granted rights for exclusive utilization of the registered trademark. For a registered trademark symbol, ‘R’ needs to be utilized.
KBP Advisory & Tax Consultancy can help businesses in the registration of brands and trademarks in a hassle-free manner.