Trademark Registration Status Check Online In India
A trademark is defined as a visual symbol that could comprise a word, or name, or numbers, or label, or color combination, etc which is used by business in the direction of distinguishing it services or goods from other similar products or services which are made in any other business. The Trademarks in India are listed through the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry.
Government of India. Trademarks are required to be registered under the Trademark Act, 1999 and provide the trademark titleholder the power towards suing for losses when an infringement of trademarks takes place. The trademarks which are registered are considered to be an intellectual property for the business, as they are used to protect the investment the corporation has made in making the brand or symbol. Trademarks are compulsory to get registrable in case it is unique for the goods and services you give.
The proposed trademarks that are similar or identical towards an existing registered trademark shall not be registered. Furthermore, trademarks are also not qualified to be registered in case it is offensive, general, unreliable, and not unique, which contains specifically protected emblems, etc.
When a trademark registration procedure is completed, the R symbol could be applied and the registration shall become valid for 10 years. Registered trademarks which are about to expire could renew the registration procedure through filing a trademark renewal application for a time of another 10 years.
Trademark registration process India
Step 1: Trademark research
In the first stage, an individual is required to carry out a proper research before selecting a trademark for the business. An individual must follow the steps in order to register the Trademark in India:
• One is ought to identify the mark that is going to be registered as a trademark with the registry.
• A person is required to search the availability of the selected mark.
• One must identify the class of the trademark.
Step 2: TM form filing
When the uniqueness is attained in mark while searching for the mark, an individual is required to file an application in form TM-A with the registrar for the registration of a trademark. Once the filing the application with the required fee and documents is completed, the corporation could use the symbol ‘TM’ until the trademark approved. A single trademark application shall also be filed for one or multi-class.
Step 3: Application number Allotment
When the filing of the trademark registration application with the Registrar is completed, an application number shall be generated which assists you in order to track the application status online. After the allotment of application number is done, the candidate could make use of the ‘TM’ symbol with the selected mark.
Step 4: Examination of application
Once the trademark application has been filed at the trademark registrar office that has jurisdiction over the state, the trademark examiner would check the trademark application according to the provisions of the Trademark Act. The registrar might accept or object the application on the comparative or absolute grounds.
Step 5: Receipt of the examination report
When the trademark examiner is done with reviewing the application, an examination report shall be issued by the registry. Generally, the report is issued within 3 months to 1 year relying on the backlog of the registry.
Step 6: Reply to the examination report
When you get the examination report, then you are required to file the reply with the registrar towards escaping the objection raised through the trademark examiner. You must file the reply within30 days starting from the day of receiving the examination report. The non-filing of the reply shall lead towards abandoning the trademark application.
Step 7: Advertisement of trademarks journal
In case no objection is raised through the registrar or if the objection is satisfied with the reply, the trademark registrar would publish the mark in the trademark journal. The filed trademark application shall be advertised in the trademark journal in order to invite the public for opposing the mark.
Step 8: Opposition (if any)
After the publishing of the trademark, the third party has an opportunity to raise an objection within 90 days from the date of publication. In case the third party had made an objection to the trademark application then both the parties have a chance to appear at the hearing.
Step 9: Certificate of registration
After objections as well as oppositions (if any) are satisfied which are raised through the examiner or third party, then trademark registration certificate shall be issued to the applicant. For a registered trademark symbol, ‘R’ is required to be used.
Documents required for Trademark Registration
When filing for the trademark registration, the documents required are:
• Proof of Applicant.
• PAN Card and Address Proof of Applicant.
• Certificate of registration (other than an Individual applicant).
• Brand Name and Logo.
• User Affidavit.
• Proof of TM Use.
• MSME / Start-up Recognition.
• Signed Form TM – 48.
Procedure for trademark registration status check
When a trademark application has been registered in the TradeMark office or online, the applicant could begin applying the TM symbol on goods or the services, and in case the trademark has been registered then the applicant specifies the ® symbol over his trademark. Every registered trademark is valid for 10 years from the date of registration.
When the validity is about to get end, a trademark could be renewed through giving the Government fee for registration within 6 months by means of Form TM-12 Renewal of Registration from the date of expiration of the trademark.
An expired trademark could also be renewed through Form TM-13 (Restoration and Renewal) after 6 months and within 1year from the expiry of the last registration of the trademark.
In order to check your Trademark Registration status, the steps which are required to be followed are;
Step1: One must click on the link https://ipindiaonline.gov.in/eregister/eregister.aspx.
Step2: One must click on the button Trademark Application/Registered Mark.
Step3: Then select the search option as per the applicability, I.e. National/IRDI Number.
Step4: Then one must click enter your Trademark Application Number and Captcha.
Step5: Then click on the View button. And you can check your trademark status.
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