Trademark registration: 6 things you need to know about it
1. Trademark Search:
Before getting started, the entrepreneur must first check for trademark availability. A trademark search will reveal information about Trademarks that are identical or similar to those that have been filed with the Trademark Registry.
2. Trademark Filing
The trademark registration application can be filed with the Trademark Registrar when the trademark search is completed. However, the application must be completed in a certain manner and sent with the appropriate payments. The application can be submitted online or at any of the state’s five Trademark Registrar’s offices. We, at Corproots, can guide you through the entire process.
The following information must be included in the Trademark Registration application:
i) The Trademark or Logo
ii) The trademark owner’s name and address
iii) Period of initiation of trademark use
iv) A detailed description of the products or services
3. The Vienna Codification Process
The Vienna Classification, often known as the Vienna Codification, is an international classification of the symbolic components of trademarks that was created by the Vienna Agreement (1973). The Trademark Registrar will apply the Vienna classification to the Trademark based on the marks’ figurative components when the Trademark registration application is filed. The trademark application status is generally “Sent for Vienna Codification” while this process is in progress.
4. Examination of Trademark
The Trademark registration application will be assigned to an officer in the Trademark Registrar’s office when the Vienna Codification is completed. Following that, the officer will examine the Trademark application for accuracy and provide a Trademark examination report. The trademark application can be accepted, trademark journals can be published, or the trademark registration procedure can be objected to.
If the application is denied, the applicant has the option of appearing in front of the Trademark Officer to answer the objections. If the officer is satisfied with the rationale, the Trademark will be approved for publishing in the Trademark Journal. The applicant has the opportunity to appeal the officer’s judgment to the Intellectual Property Appellate Board if the grounds are not sufficient.
5. Publication of Trademark Journal
The proposed Trademark is published in the Trademark journal when the Trademark Registrar accepts the registration application. This journal is published weekly and contains all of the trademarks that have been received by the Registrar. In addition, members of the public can oppose a trademark registration if they believe it would harm them. If no objections are raised within 90 days of publication, the mark will be registered in 12 weeks.
A hearing will be requested by the Trademark Hearing Officer if the application is opposed by a third party. Both the applicant and the opponent have the opportunity to attend and present their arguments. The Trademark Hearing Officer will decide whether the application should be approved or refused based on the evidence presented during the hearings. The escalation officer, on the other hand, can contest the Hearing officer’s judgment.
6. Registration of a Trademark
Only the Trademark document and trademark registration will be created and granted if there are no objections or oppositions. Trademark is regarded as a registered trademark of the owner only when the Trademark Registration Certificate is granted, allowing the owner some exclusive rights to the mark. The ® symbol can now be used in conjunction with a logo or trademark.
Suggested Reading: What is a Trademark Search and How to do it?
