A trademark is essential to a business as it helps to create and protect a brand image. You can register your trademark online through the e-register portal. While one has to wait for 15-20 days after manual filing to receive the receipt of an acknowledgement, one can obtain it instantly after e-filing the application. This means you get to use the ™ sign almost immediately after completing the application process. 

How to e-Register a Trademark 

With the help of a registered trademark attorney, the company can initiate the e-registration process. It can be considered a proactive method for registration as it enables the company to complete the whole procedure in 6 to 8 months instead of waiting for two years to receive a registered trademark. The e-registration of a trademark involves the following steps.

1. Trademark Search and Classification

The first step before applying for trademark registration is the trademark search. Once you have decided on the trademark, run a trademark search to check if the trademark is unique. If the trademark is found to be unique and devoid of offensive and specifically protected emblems, you can proceed to the classification process. If there is any similar or identical trademark already registered, then you have to modify or change yours before you go ahead.

Trademarks are classified into 45 classes. Based on the products and services offered by your company, you have to find the classes that apply to your business and apply for your trademark under all those classes. Trademark protection is provided for your mark only under those classes, so you have to be careful while choosing. 

2. e-Filing of Application

The following details should be there to e-register through the online portal of the Trademark Registry.

1. Applicant’s name

1. Identity proof of the applicant and business

1. Business type (along with the class)

1. Business objectives

1. Brand/logo/slogan name (desired trademark)

1. Registration address

The applicant receives a trademark number/application number, which helps the applicant track the application's status.

3. Vienna Codification Process

Vienna Codification is an internal process of the Trademark Registry. If the trademark comprises figurative elements or logos, the application is sent for Vienna codification. It is an international classification that enables the trademark search of a logo for internal use. 

4. Examination of trademark

The Trademark Officer conducts a formality check of the application. He verifies the information in the application and checks if the case abides by the rules and guidelines set by the Controller General of Patents, Designs, & Trademarks. If the trademark officer finds any issues or needs some clarification, they will send a trademark objection notice. You have to respond to the notice within 30 days of receiving it with adequate reasons and proof. 

If the officer is satisfied with the response, the trademark will be published in a journal. If not, they will call for a hearing where you have to present your case through a trademark attorney.

5. Publishing Journal

Once the trademark has been published in a journal, there is a chance for people to raise objections for four months. If there are no objections, the registration certificate will be issued, and you will have a successfully registered trademark.

If there are any oppositions by third parties, then you need to submit an opposition response and, if need be, attend a trademark hearing to present your case. Post the hearing; it will be decided whether you will get your trademark registered or not.

6. Registration

If you cross the opposition phase successfully, a trademark certificate will be generated and given to you (soft copy). After that, you can start using the Ⓡ symbol next to your mark. 

Created & Posted by Pooja

Income Tax Expert at TAXAJ

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you with a One-Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else, visit TAXAJ

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