Trademark Online Registration Process
Important things to know about the online Trademark Registration Process
Nowadays, with the advent of technological advancements, a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the Registry office.
- Filing of Application:- This is the initial stage, it all begins from here. Trademark application should be filed along with all the required documents and details in the respective class of goods or services.
- The Vienna Codification Process:- In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once you fill the application form, generally appears categories other than Word mark. At this point, your application for registration will be denoted as – “Sent for Vienna codification.”
- Marked for Exam:- In this step the Trademark application status will be shown as marked for exam. The trademark is lined up for the examination by the registrar of trademark.
- The Examination Of Trademark:- After the trademark application is given for Marked for Examination, the trademark will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or object the application as per his/her discretion
- Objection Reply filing:- This process needs filing an objection reply within 30 days of receipt of examination report. Failing in which may result in abandonment of the mark. A reply must be as per the provisions belongs to the objection raised.
- Hearing Before Trademark Register/officer:-If the objection raised is not removed after filing the reply, the trademark officer will call the applicant for a hearing. If the officer can be convinced with the provided documents then the application will be passed. If the officer is not convinced, the application gets rejected. Non attending the hearing may lead to abandonment of the mark.
- Options available with the applicant if the mark is rejected:- The applicant can file a decision review petition to the registrar for review of decision so passed, can file the matter for review to IPAB (Intellectual Property Appellate Board). Even aggrieved with the decision passed by the IPAB applicant can file the matter directly to The Supreme Court.
- Acceptance of Trademark:- After examination of the mark as defined in step 3 the trademark officer can accept the mark and acceptance order will be published as the examination report of the mark and status will be shown as accepted.
- Advertisement of trademark:- The mark so accepted by the trademark officer will be advertised (published) in the upcoming trademark journal for a period of next 4 months from the date of advertisement. During this period the mark so advertised is open for opposition.
- Opposition:- There is a general perception that my mark was accepted and advertised by the department, then why there is an opposition on it. The opposition is not raised by the department it is filed by others persons who feels that allowing such mark to be registered can harm the goodwill, can harm the market share of their product, can cause confusion to the public, similarity of the mark etc. the opposition is to be filed within 4 months of the advertising period. Opposition is a long process which begins with the notice of opposition, followed by counter statement / reply of notice then reply under rule 45, 46 and 47. Following few points can be the grounds of opposition:
- The trademark is similar or identical to an earlier or existing registered trademark
- The mark is devoid of distinctive character
- The mark is descriptive in nature
- Application for the trademark is made with bad faith
- The trademark is likely to deceive the public or cause confusion
- The mark is contrary to the law or is prevented by law
- The trademark is prohibited under the Emblem and Names Act, 1950
- The mark contains matters that are likely to hurt religious feelings of any class or section of people.
- Counter Statement / Opposition Reply:- In this process reply of the opposition so raised is to be filed. Within 2 months from the date of receipt of such notice. This time can be extended upon filing for extension. Non filing of opposition reply will lead to abandonment of the trademark and the mark so file will come to an end.
- Reply Under Rule 45:- In this step the opponent has to produce the evidences in support of opposition so raised, or can intimate the registrar and the applicant to not to produce the evidence at this stage. This is to be filed within 2 months of receipt of counter statement failing in which may lead to abandonment of opposition.
- Reply Under Rule 46:- In this step applicant has to produce the evidences in support of his application, or can intimate the registrar and opponent to rely on the facts of counter statement. This is to be filed within 2 months of receipt of evidence affidavit under rule 45 failing in reply may lead to abandonment of application.
- Reply Under Rule 47:- In this step opponent has to reply and produce the evidences to the registrar. This is to be done within 1 month of receipt of evidence affidavit under rule 46.
- Opposition hearing:- Based on the notice of opposition, counter statement, and evidences filed, the Registrar shall call for a hearing. Within fourteen days of receipt of the notice of hearing, the parties are required to notify the Registrar of their intention to appear in the matter. Finally, the matter is heard by the Registrar and decided upon merits.