What are the first steps to securing a trademark?

4 January 2024

64 3 mins read

The initial steps in securing a trademark involve conducting a thorough search to ensure your chosen mark is unique and available for registration. Once confirmed, you can proceed with the trademark application process, a critical move to protect your brand identity.

Table of Contents

Introduction

Defining your business with a unique brand name and logo is crucial for carving out its identity. Your company’s business name, which encompasses the brand name and logo, acts as vital trademarks that make your products and services distinguishable in a crowded market. Without trademarking these elements, there’s a chance someone else might claim them. Hence, it’s common for businesses to seek trademark registration early.

In today’s competitive environment, where brands fight for consumer focus, the distinctiveness of a brand and its emblem is invaluable. It serves as your business’s primary shield against unauthorized use or replication. Gaining a trademark registration bestows multiple benefits, including legal safeguards and increased brand visibility. Vakilsearch provides a complimentary tool for trademark searches, allowing you to confirm the availability of a trademark before you embark on the registration journey. Here you can learn the complete process of securing a trademark

Steps to Trademark Your Brand Name in India – Securing a Trademark

Trademarking your brand name and logo in India is key to stand out in the market. Trademarks guide consumer choices and build trust. To trademark in India, follow these steps:

Choose a Distinct Brand Name and Logo: Avoid common terms. For example, a shoe company shouldn’t pick the name ‘shoe.’ Your brand name should stand out.
Conduct an Online Trademark Search: Make sure your brand name and logo aren’t already in use. This helps prevent legal issues. Here’s how:

Database Search: Use the database from the Controller General of Patents, Designs & Trademarks. This will show if your desired brand name is available.
Online Search Tools: Websites like Vakilsearch offer free tools to check for registered trademarks.
Hire Professionals: Consider trademark attorneys or services like Vakilsearch for a detailed search. They can pinpoint risks, offer application advice, and help if there are objections to your application. While free methods exist, a professional service offers expertise and can save you potential legal troubles.

Submitting Your Trademark Application

After ensuring your trademark is unique, you need to apply for registration.
Two ways to apply:
Manual filing: Hand in your application at a trademark office. Acknowledgment takes about 15-20 days.
E-filing: A faster online method with almost immediate acknowledgment.

Click here for Trademark protection service

What Happens After Applying? – Trademark Examination

The Registrar scrutinises your application to preserve the trademark system’s integrity.
Checking Uniqueness: The Registrar scans databases to ensure your trademark isn’t too similar to existing or pending ones.
Legal Check: Your application’s legality is assessed. This covers checking documents, chosen goods/services class, and the mark’s uniqueness in its industry.
Examination Report: Any issues found? You’ll receive a report, usually within a month of applying.
Responding to the Report: Got objections? Reply within 30 days, stating your case and presenting supporting evidence.
What’s Next? If your reply is accepted, your application gets published in the Indian Trade Mark Journal. If not, you might have to attend a hearing.

What’s a Show Cause Hearing in Trademark Registration?

If your written response doesn’t address the Registrar’s objections, you’ll be called for a hearing.
Notification: You’ll get a date and time for the hearing.
Preparation: Gather documents and arguments. A trademark attorney can be valuable here.
Presentation: Defend your application at the hearing, using evidence and legal precedents.
Registrar’s Verdict: Post-hearing, your application may advance, be refused, or need more evidence.
Outcome: Success? Move to publication. Fail? You can appeal.
Pro Tip: Given the legal complexities, consider hiring an attorney to represent you. We at Vakilsearch are always there to help you.

Getting Published in the Indian Trade Mark Journal

Addressed all objections? Your trademark gets published.
If no challenges arise in 90-120 days, you move on. If someone opposes, defend your claim in writing.

Receiving Your Trademark Certificate

No challenges? Congratulations! You’ll get an official trademark certificate with a seal. This whole journey, from start to certificate, usually takes 6-9 months.

Your trademark lasts for 10 years but can be renewed with a fee.

Conclusion:

Securing a trademark is a significant step in establishing and protecting your brand’s identity. The initial steps, from researching the mark’s uniqueness to preparing essential documentation, lay the groundwork for a successful registration process. Remember, a trademark is more than just a name or logo—it’s an embodiment of your brand’s reputation and promise to its customers.

FAQs About Securing a Trademark:

How long does trademark registration last?

In the U.S., a trademark registration can last indefinitely as long as you continue to use the mark in commerce and file regular maintenance documents.

Can I trademark a common word?

It depends. Common words can be trademarked if used in a way that doesn't describe the product or service they're representing. For example, Apple for computers.

How long does the trademark registration process take?

It varies. If there are no issues or oppositions, the process can take as little as 8-10 months in the U.S. However, complications can extend this timeline.