Trademark Registration Online: Process, Search, and More

Trademark Registration Online provides the legal right of exclusivity for the use of the mark to the owner of the trademark. A trademark is a unique sign, symbol, letter, word, or logo used to distinguish the product of a registered trademark and others. It is important to differentiate your products from the competitors in the market. It can be related with the brand or product.

Trademarks are classified as Intellectual Property. Trademarks help customers to recognize the brand and the brand value very easily. In this article, we will be understanding the process of trademark registration and trademark status. The importance of conducting a public search before going for registration of a trademark is playing a significant part for the image of the business.

What are the Steps Involved in Trademark Registration Online?

Trademark registration in India is carried out by the Controller General of Patents Designs and Trademarks (CGPDT), also known as the office of the Registrar of Trademarks in India. The registration of trademark process is explained to register a trademark in the steps given as follows: -

Step 1: Choosing a trademark – Trademark selection is the first step in the registration process. There is a total of 45 categories of trademarks, and you have to choose as per your business requirement.

Step 2:  Trademark search – On the official website, you can find an option to do a public search. Then, you need to click on this option and you need to choose your class, and search the online database for trademark registration online India.

Step 3: E-filing trademark application for IP India trademark registration–

To register on the Trademark Registration portal, you will need the following information:
- Name of the Applicant

- Identity and Address Proof documents,

- Business type and objectives with the specific class

- Soft copy of the logo

- Registration address

The applicant receives a trademark number/application number which helps to track the status of the trademark application  

Step 4: Trademark Examination process of the trademark application

The trademark office conducts a formal check of the application. The check is conducted on the rules and guidelines set by the Controller General of patents, designs and trademarks. In case of any issue in the application, the trademark officer will send a trademark objection notice. For completing the process of trademark registration online, you must respond to the notice within 30 days of receiving it with adequate reasons and proof.

Step 5: Publishing Trademark – There is a chance for people to raise objections for three months. If there is no objection, then the registration certificate will be issued and you can successfully register a trademark.

Step 6:  Trademark opposition – When trademark oppositions by third parties are made, you need to submit an opposition response.

Step 7:  Registration of Trademarks – Once the trademark is registered, you can start using the R symbol next to your mark.

Every registered trademark has to be renewed after 10 years’ time period to ensure the protection of your brand.

What are the Documents Required for Trademark Registration Online?

The registration process required certain documents given as follows:

1. Soft copy of the trademark

2. In case of an Individual/HUF – Identity proof like PAN card or Aadhar card, Business registration document, Shops and Establishment license

3. In case of company/LLP – Incorporation certificate, Address proof of the company

4. In the case of a Partnership firm – A partnership deed.

What are the Steps to Check Trademark Registration?

The steps for the Trademark Registration check are given below:

1. Log in to the IpIndiaonline

2. Click on the trademark tab and then click on public search

3. There are three search criteria available –

• Wordmark
• Vienna code and
• Phonetic

4. Once the criteria are selected, the keyword field change

5. After entering all the details, Click on the search button

6. The results will show either registered/objected/abandoned which will help to decide the trademark registration online.

Why is it Necessary to Conduct a Trademark Public Search?

There are various reasons to perform a trademark before applying for a trademark.

1. To avoid Future Legal disputes: It is vital to perform a public trademark search because when a company uses the identical trademark same as another company. It will lead to future litigations. The other company can file a suit on the use of a similar trademark.

2. To avoid any confusion: When a company is using the same or similar trademark then it creates a confusion in the minds of the target customers.

3. Choose the best trademark: A trademark helps in forming a brand value for a company. The process of trademark registration online is carried out on the IP India portal.

How to Check Trademark Status?

Once you receive the confirmation of filling out the application you will get an allotment number. You can check the status of the Trademark application with this allotment number. Once the application is submitted, the status can be checked by following the steps given below:

1. Go to the trademark registration login

2. Select ‘Trademark Application/ Registered Mark’. After that, click on the ‘National IRDI number' displayed on the screen

3. You shall enter the Trademark Application Number with the captcha code shown on the screen then click on ‘view’

4. IP India's public search website will display the status of the application for trademark registration online.

There are different types of trademark status based on application.

What are the Benefits of Trademark Registration?

Trademark registration has several benefits for the owner:

• Brand recognition-

Customers can identify the brand quality, features, performance, and much more through the registered trademark search.

• Ease of differentiated product -

Trademark Registration is distinct to the goods and services they represent.

• Business valuation and goodwill -

Trademark associated with products enhances your overall business value, goodwill, and net worth in the industry.

• Business expansion –

Trademark establishes the connection between the customers and the products of an enterprise.

• Legal protection –

Trademarks are classified as Intellectual property and therefore protected from Infringement. Create Intellectual property assets for the company that can be sold, assigned, franchised, or commercially contracted.

Conclusion...

Trademark Registration online is performed by the Controller General of Patents Designs and Trademarks (CGPDT), also known as the office of the Registrar of Trademarks in India provides an online process for Trademark registration. It is vital as it prevents another party from misrepresenting other products with your mark and copying your mark. Trademarks are distinct and unique symbols that make it easy to identify products or services from a specific company. In this article, we have discussed the process of trademark registration and the status of the trademark.

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