E-Register Your Trademark

Last Updated at: April 16, 2020
389
E-Registration of trademark
  1. What is a Trademark?

  2. How to do E-Registration of Trademark

  3. How to track the status of the application

  4. Trademark Registration Benefits

  5. Validity of Trademark

What is a Trademark?

A trademark and E- Register trademark registration serves as a unique identity of the business that differentiates it from the other businesses in the industry. A brand name, tagline or logo can be registered as a trademark provided that it is unique. A trademark should have its registration under the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. A trademark registration will consider to be the intellectual property of the owner.

The registration of a trademark can have its enrolment through manual filing or online filing. The online filing or e-registration of the trademark has made the process of trademark registration simpler and swift. While one has to wait for 15-20 days after manual filing to receive the receipt of an acknowledgment, one can receive it instantly after e-filing the application. The importance of this receipt of acknowledgment is that the company can now use the trademark with a ™ sign beside it till the final registration process is completed. Hence e-registration can save your time.

How to do E-Registration of Trademark 

The company with the help of a registered Trademark attorney can initiate the trademark registration process online through e-registration. It can be considered to be a pro-active method for registration as it enables the company to complete the whole procedure in 6 to 8 months instead of waiting for 2 years to receive a registered trademark. The e-registration of a trademark involves the following steps.

Trademark Search and Classification

The first step before applying for trademark registration is the trademark search. Once you have decided on the trademark, use a Trademark (™)  search to check if the trademark is unique. If there is any similar existing trademark, your trademark cannot be registered until modifications are made. After the trademark has modification, the trademark search will be placing again. If the trademark is found to be unique and devoid of offensive and specifically protected emblems, the company proceeds to the classification process.

A set of classes has been assigned by the Trademark Registry and the company needs to make an appropriate class selection to apply for the trademark registration. The company may seek the help of a registered Trademark attorney to apply under the right class for the e-registration.

GEt Online trademark registration

E-Filing of Application

The following details should be there to apply for E- Register trademark registration through the online portal of the Trademark Registry.

  • Applicant’s name
  • Identity proof of the applicant and business
  • Business type (Along with the Class)
  • Business objectives
  • Brand/logo/slogan name (Desired trademark)
  • Registration address

The applicant receives a Trade Mark number/Application number which helps the applicant to track the status of the application.

Vienna Codification Process

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

Examination of trademark

The Trademark Officer conducts a formality check of the application. He verifies the information in the application as well as checks if the case abides by the rules and guidelines set by the Trademark Ministry. If the Trademark Officer approves the application, it is marked as “Formality Check Pass”. The application now has to undergo another round of examination by the Trademark Ministry. The Trademark Ministry issues an examination report either rejecting or approving the trademark.

Hearing before the Trademark Register/Officer

In case of rejection of the trademark registration application, the applicant may file a reply to the objections or apply for a hearing before the Trademark Register/ Officer. If the applicant can convince the officer with supporting documents, the trade will get registered.

Publishing Journal

If the trademark has approval in the hearing, it will be in the Trademark journal. If no objection is there within 4 months, the ministry issues the registration certificate. In case of any objection from a third party, a hearing is arranged and the final decision of either registering or abandoning the trademark is taken.

Registration

Once the E- Register certificate has its generation, the applicant can use the trademark with an ”R” sign.  The Ministry does not issue a physical copy of the Registration Certification. The concerned person may download it from the Trademark online portal using the Trade Mark number.

How to track the status of Application

When you submit the application through the e-registration process, a Trade Mark number or Application number will generate instantly. An applicant can check the status by following the given step.

  • Open the official website of “Trade Marks Registry
  • Click on “Trademark Application/ Registered Mark” option
  • Select the required option between “National/ IRDI Number” and “International Registered number”
  • Enter the TradeMark number or Application number and the security code

The application status and details will be shown.

Trademark Registration Benefits –

Trademark registration or E- Register of trademark helps the owner to safeguard the reputation of the company and create an identity in the industry. It also empowers the trademark owner to take legal action against any exploitation of the trademark. It helps the company to promote its goods or service as a registered trademark, differentiate the goods or service and build up a brand name and reputation. Moreover, a registered trademark attracts more human resources as most people love to work with brands. It also helps in the business expansion as it can utilize to set up and explore business in foreign territories.

Validity of Trademark

Trademark registration has a valid tenure of 10 years. It can renew by filling up the renewal application on the online portal. The trademark renewal is available for 6 months from the expiry date. It is essential to renew the trademark before the expiry date or else it will be as “abandoned”. The tenure of the renewed registration will be the next 10 years. Hence, it is necessary to spend a little every 10 years to register the trademark and maintain the brand reputation. An unregistered brand may affect the sales volume while a registered trademark can draw the attention of potential customers.

 

0

E-Register Your Trademark

389
  1. What is a Trademark?

  2. How to do E-Registration of Trademark

  3. How to track the status of the application

  4. Trademark Registration Benefits

  5. Validity of Trademark

What is a Trademark?

A trademark and E- Register trademark registration serves as a unique identity of the business that differentiates it from the other businesses in the industry. A brand name, tagline or logo can be registered as a trademark provided that it is unique. A trademark should have its registration under the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. A trademark registration will consider to be the intellectual property of the owner.

The registration of a trademark can have its enrolment through manual filing or online filing. The online filing or e-registration of the trademark has made the process of trademark registration simpler and swift. While one has to wait for 15-20 days after manual filing to receive the receipt of an acknowledgment, one can receive it instantly after e-filing the application. The importance of this receipt of acknowledgment is that the company can now use the trademark with a ™ sign beside it till the final registration process is completed. Hence e-registration can save your time.

How to do E-Registration of Trademark 

The company with the help of a registered Trademark attorney can initiate the trademark registration process online through e-registration. It can be considered to be a pro-active method for registration as it enables the company to complete the whole procedure in 6 to 8 months instead of waiting for 2 years to receive a registered trademark. The e-registration of a trademark involves the following steps.

Trademark Search and Classification

The first step before applying for trademark registration is the trademark search. Once you have decided on the trademark, use a Trademark (™)  search to check if the trademark is unique. If there is any similar existing trademark, your trademark cannot be registered until modifications are made. After the trademark has modification, the trademark search will be placing again. If the trademark is found to be unique and devoid of offensive and specifically protected emblems, the company proceeds to the classification process.

A set of classes has been assigned by the Trademark Registry and the company needs to make an appropriate class selection to apply for the trademark registration. The company may seek the help of a registered Trademark attorney to apply under the right class for the e-registration.

GEt Online trademark registration

E-Filing of Application

The following details should be there to apply for E- Register trademark registration through the online portal of the Trademark Registry.

  • Applicant’s name
  • Identity proof of the applicant and business
  • Business type (Along with the Class)
  • Business objectives
  • Brand/logo/slogan name (Desired trademark)
  • Registration address

The applicant receives a Trade Mark number/Application number which helps the applicant to track the status of the application.

Vienna Codification Process

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

Examination of trademark

The Trademark Officer conducts a formality check of the application. He verifies the information in the application as well as checks if the case abides by the rules and guidelines set by the Trademark Ministry. If the Trademark Officer approves the application, it is marked as “Formality Check Pass”. The application now has to undergo another round of examination by the Trademark Ministry. The Trademark Ministry issues an examination report either rejecting or approving the trademark.

Hearing before the Trademark Register/Officer

In case of rejection of the trademark registration application, the applicant may file a reply to the objections or apply for a hearing before the Trademark Register/ Officer. If the applicant can convince the officer with supporting documents, the trade will get registered.

Publishing Journal

If the trademark has approval in the hearing, it will be in the Trademark journal. If no objection is there within 4 months, the ministry issues the registration certificate. In case of any objection from a third party, a hearing is arranged and the final decision of either registering or abandoning the trademark is taken.

Registration

Once the E- Register certificate has its generation, the applicant can use the trademark with an ”R” sign.  The Ministry does not issue a physical copy of the Registration Certification. The concerned person may download it from the Trademark online portal using the Trade Mark number.

How to track the status of Application

When you submit the application through the e-registration process, a Trade Mark number or Application number will generate instantly. An applicant can check the status by following the given step.

  • Open the official website of “Trade Marks Registry
  • Click on “Trademark Application/ Registered Mark” option
  • Select the required option between “National/ IRDI Number” and “International Registered number”
  • Enter the TradeMark number or Application number and the security code

The application status and details will be shown.

Trademark Registration Benefits –

Trademark registration or E- Register of trademark helps the owner to safeguard the reputation of the company and create an identity in the industry. It also empowers the trademark owner to take legal action against any exploitation of the trademark. It helps the company to promote its goods or service as a registered trademark, differentiate the goods or service and build up a brand name and reputation. Moreover, a registered trademark attracts more human resources as most people love to work with brands. It also helps in the business expansion as it can utilize to set up and explore business in foreign territories.

Validity of Trademark

Trademark registration has a valid tenure of 10 years. It can renew by filling up the renewal application on the online portal. The trademark renewal is available for 6 months from the expiry date. It is essential to renew the trademark before the expiry date or else it will be as “abandoned”. The tenure of the renewed registration will be the next 10 years. Hence, it is necessary to spend a little every 10 years to register the trademark and maintain the brand reputation. An unregistered brand may affect the sales volume while a registered trademark can draw the attention of potential customers.

 

0

FAQs

No FAQs found

Add a Question


No Record Found
SHARE