Trademark is a sign capable of distinguishing the goods or services of an enterprise among other enterprises. Trademark includes visual symbol which may be letter, signature, name, device, markers, numbers, or combination of color used by an undertaking on goods or services to distinguish it among others. New Trademark act, 1999 legislated to give for the registration of trade mark for goods as well as services including prohibition to the registration of production of well-known trademarks, and extension of grounds for refusal of registration. The purpose of this act is to prevent and protect the interest of investors as well as traders from the unfair use of trademark by the trademark holder. The Registration of trademark is an important process to receive a limitation of mark in using on other goods/products and services formed by other undertaking. Its enrollment is a big process which ensures that no person other than holder of the trademark and authorized user of the trademark without the consent of owner of the trademark. Many necessary documents along with prescribed fees required to be submitted to trademark registry as described under section 18 of Trademark act, 1999. The Trademark registry after proper securitization/inquiry and after resolving the opposition if opposition is raised by any person with in prescribed time of publication of advertisement by the trademark registry as described under section 21 of the trademark act, 1999.
There are some essential requirements which are required to be fulfilled by applicant in respect of goods or services which are as follows:
- The registered mark must be able of being constituted graphically (that is in the paper form)
- It should be able to separate the goods or services of an enterprise among others.
- A trademark should be used or intended for use to identify a connection between specific goods/services and their rightful owner, indicating a commercial relationship.
As we know that to get the protection under trademark act, 1999 the trademark needs to be registered with the trademark registry. The process of registration as per the section 18 of trademark act is as follows:
- Pre-examination processing: –
First of all, the trademark application is filed with trademark registry which can be made electronically or physically, after that both applications are merged and send ahead for remaining procedure through the Trade Mark system.
- Examination of applications: –
After getting the application, the scrutinization of application is done basically in two stages. Firstly, the examination report is made by the examiner then it is sent to examination controller for approval, afterwards the examination report is evaluated by him and if founds suitable, sent to the applicant. The controller may send back the application with recommendations to modify, erase the objections which are need to be resolved by applicant within 30 days of receipt of application, and in case the controller founds it in compliance, then the application may be approved and published in Trade Mark Journal.
- Post Examination Processing: –
Where the applicant is unable to remove the objections within the time frame of 30 days, his application for the registration would be abandoned. If he successfully removes the objection within time given then it is considered by the controller. In case, the objections are not waived off then the opportunity of being heard is given to applicant in case where the decision can adversely affect the interest of the applicant, then the show cause hearing is done.
- Post Advertisement Processing: –
When the application is approved by the controller, then the trademark is published in trade mark journal. If approved, any opposition can be filed with in the 4 months of the publication, then the application becomes eligible for the registration under trade mark act, 1999. The issuance of registration certificate is made by the way of automated Trade Mark system. The trade mark remains operative for definite period of time once it gets registered, and it can be applied for renewal through the new application after the expiration of the described time period, for an indefinite period of time by paying prescribed fees and the prescribed documents.
- OPPOSITION: –
If any opposition is raised with in the three months of publication in trade mark journal, then the registry has to intimate about the same to the applicant and within the two months of the having knowledge of opposition, the applicant has to present his arguments as described under provisions of the trade mark act. Afterwards, complete process is made by the registry in accordance with the 42-48 rules of trademark. If the opposition is removed then the registration, the trademark goes ahead for registration and registration certificate is given to the applicant. In case opposition is allowed, the application gets refused as per law.
- POST REGISTRATION TRADE MARK MANAGEMENT:
After getting the registration or post enrollment, it is possible for proprietor to record the changes relating to his name, address, address for service, assignment or user by filling application along with required fees to the concerned officer. If the concerned officer found any discrepancy, it has to be removed by the proprietor within the prescribed time of getting knowledge of the same.
Hence, this is the registration process as per the provisions given under the trademark and related acts. The registration of trade mark is important as
The enrollment of a trademark provides owner the special right to the use of trademark connected to the goods or services in respect of which the mark is registered and to present it so by using the symbol and get the prescribed relief in prescribed courts in the country, and the trademark registration also provide the right to protect or basically provides the protection against the trade mark infringers.
KEYWORDS: –
- Trademark infringement
- Trademark Registration Process.
- Trademark registry.
REFRENCES: –
- Trademark registration by Siranjeevi B.
- How to register a trademark in India by Shreya Patel.
- Trademark registration online process and procedure for brands in India by Mayashree Archaya.
