Process and procedures in trademark registration

1
Processing trademark registration ways and
registration time period
2
Trademark registration ways and registration time
period

• Process of Trademark registration ways and
  registration time period Trademark Registration
  can be apply in the name of any natural person
  who is demanding to the ownership on a new
  trademark or liking of registering a particular
  trademark, can apply in consent to the Registrar
  in a clear way basing upon the Registration of
  the Trademark.
• Processes of this registration, details of goods
  or service details are need to submit along with
  this prescribing fee. Logo registration,
  Provisional limits is the primary condition to
  complete the process. It is a major law process
  comes under sub-section (1).

3
Process of provision and trademark filing

• All the wellspring business follows this
  condition of provision limit in their
  jurisdiction. Primacy is the first thing to get
  the selecting trademark for your principle
  business. It is avoid the confusion at the time
  of two existing application coming into trademark
  filing.As per the norms and law legalities, the
  registrar can vandalize or approve the trademark
  without any personal intention. 

4
It is the liberal right announce for the position
of registrar. While, rejection or delay occur in
the trademark, the registrar may questionable for
his certain actions on this trademark. To resolve
the issue he must prepare the reference points
for his action.
5
Process trademark registration Acts

• All the fundamental laws are keenly following
  with the reference of the Section 18 of the Trade
  and Merchandise Marks Act,1958. Suppose the
  application using under the mandatory norms of
  Section 18, according to section 19, it can be
  withdraw under the authority of the registrar. It
  can be applicable, if the application fix with
  any issue.
• For corrections and modification procedures on
  trademark registration follow up Under Section
  22. All this immediate correction and amendments
  are following with separate correction form.
• Particular section are fixing on this trademark
  procedure. They are come with legal formalities.
  For example, sec 23 is allotting for correction.
  Section 24 is mean for the joint trademark owning
  process. Especially for renewal process section
  25 is allocating.

6
Process registration scopes and Procedures under
Section 18

• Trademark Registry is the separate office is
  setup for the registering trademark in
  applicants own independence. It is a common
  filing office situate in the major and minor
  cities of India. Specially, for the joint
  application, application contains which name in
  the priority base is gaining importance. Business
  undertaking places are also gaining importance in
  this section.

7
That applicant is needs to sign in the trademark
registration form. If the trademark for
partnership firm one of the partners sign is
enough. Corporate firm concern relating
trademarks are approve with the sign of director
or the authorize secretary of the company. It
clearly expressing that the persons are signing
on the behalf of the company is mentioning in
this trademark registration form.
8
Logo registration process and transliteration

• In case of the sign is seems to be very similar
  or roman applicants are guiding to make it clear
  with transliteration in English language is must.
  It is block capital letters.The applicant using a
  particular Logo and that Logo should be very
  unique. If the Applicants application contain
  any reference basing upon the Brand, then it
  should contain the statement include how long it
  is been used and by whom it has been used.
• The Registrar must testify the above statement if
  any such conditions occurred. The application
  form of the Brand name Registration can be sign
  by the agent of an Applicant and it is clearly
  mentioning in the section 25(I).

9
Process of trademark application

• As well as the qualification of the Agent and the
  way that the applicant is appointed also
  described in the trademark registration as
  regards Section 123 and Rule 21.The trademark
  application of Non- textile goods should be in
  Form T.M.-I. For the Registration of a wide
  variety of goods the Registrar must satisfy the
  specifications of the use of the brand under Rule
  26(2), then only he can able to process the
  registration process.

10
Trademark Registration-Hearing process

• When the consideration of the application takes
  place the registrar can communicate with the
  Applicant for certain circumstances like the
  applicant have some modifications on the
  application or if the Registrar has any
  objections towards the acceptance of the
  application like amendment or cancellation. After
  completing the hearing process the applicant must
  apply the form within 3month else the Registrar
  may neglect that application. It is common one in
  the trademark registration process.

11
Translation within the Application

• The application submitting through the applicant
  may contain any words. Other than natural
  language (like Roman or any other) or not
  distinct. it should contain the translation of
  particular words. It is following the signs of
  the applicant. Then only the registrar will
  accept the application. If the Trademark
  registration form contains any such words also
  allowing one. Different from normal language the
  Registrar must ask the explanation of that
  language to the particular applicant.

12
Applicants type or impact

• Primarily, If the trademark contains the name or
  any representation of a particular person the,
  Registrar ask for the legal statement of the
  brand name holder to justify if the holder has
  any objection about the brand name registration.
  In some cases like the logo contain the name of
  the person who is already dead, the Registrar can
  ask the legal Statement from their family members
  or their nominee to declare that there is no
  issue for them to use those Trademarks.

13
Preliminary Advice

• Beyond all, Trademark filing Applicant can
  approach the Registrar for more advice. Through
  the advice from the registrar can avoid maximum
  amount of issues related to the registration. The
  Registrar does a well search based upon the trade
  to find if there any other similar content exist
  or not because applicant can use the trade at
  only once. The Registrar can cancel the
  application if the applicant neither submits the
  form after the three months of his advice. The
  applicant has to pay the fee again for re
  submission.
• Simultaneously, the Registrar is not satisfied
  with any of the trademark figuring he can request
  for the satisfactory brand for the registration.
• Moreover, Registrar must seek an earlier
  application on the basis of which priority is
  claimed.
• The goods and service within the application is
  a major thing to process the priority based
  queries.

14
Trademark Representation

• The trademark Registration Application form and
  its additional sheets contain the exact
  representation of the trademark of size not
  exceeding the limit of 8cm8cm.
• Subsequently, applicant claim the alternative
  combination of colors then the application should
  contain reproduction of the trademark in that
  alternative colors.
• Consequently, the application is for three
  dimensional trademarks then the replica of the
  trademark might be in two dimensional graphic or
  pictures.
• Additionally, the application of the trademark
  registration consists of the format of goods or
  its packaging, the reproduction furnished may
  consist of five ways of the trademark and its
  descriptions.

15
Trademark registration stipulation

• The date of the Application which send earlier.
• No. of the Application receive earlier.
• State or provision in which the applicant has
  filed for.

16
Use of the trademark

• The law of Trademark states that the Mark/Label
  must be used in the registered manner only. The
  normal use of Mark includes variation in the
  presentations such as different type faces and
  different in colors are usable in logo
  registration. However fair and normal use should
  not be stretched to the point where it would
  frustrate the principle that anyone inspecting
  the register should be able to determine the
  protections needed are obtained.

17
Specifications of goods/service

• Furthermore, specifications states that the
  designation of a good or service in respect of
  which a trademark is registered. The trademark
  law allows the applicants to cover more than one
  class upon a single good or service.
• Cases like the applicant submit an application
  for more than one class of goods and services and
  in result the applicant may get reject by the
  registrar, and for further submission the
  trademark registration applicant may have to pay
  additional fees as required in the section.

18
Process application for Trademark Certification

• As well as, the application for Trademark
  Certification  should be made on the Form TM-A
  along with certain documents like draft policy
  and statement of case setting on which he relies
  in support of his applications. The provisions
  relating to examination, registration, hearing
  and renewal of trade mark may apply for
  correction with respect to trademark
  certification.

19
Process for Registration of Collective Mark

• For instance, the application for brand
  Registration for Collective Mark should be made
  on the Form TM-A along with documents like draft
  regulations and statement of case setting on
  which he relies in support of his applications.
  For each application, the acknowledgment is given
  as a system generated receipt or it will send
  directly to their mail for further reference. The
  allotment of a number is just for the
  identification of the registration.

20
Process - Acknowledgment of receipt of an
application

• Besides, this number is not referred to as
  registration number or the label declared as
  registered one. Any violations of the requirement
  are an offense under the law. Before the
  trademark registration if the applicant use that
  brand he may insert the letter TM in a circle
  just above the brand to show the public that the
  word or device is applicants trademark.

21
Process -Trade registration Examination

• Incidentally, Trade registration application is
  examine with respect to the following
• 1) Obviously, formal Examination to see that the
  Application accept the requirements such as logo
  filing form in proper format, manner and payment
  of the prescribed fees.
• 2) Substantive examination to see the brand is
  capable of differentiating the services of the
  applicant in terms of section 9 in the Act.

22
Quicken process of an Application

• While, The allotment of official number about the
  application receiving one. An applicant may
  request on Form TM-M. On payment of fee as
  specified in schedule No.1. Once the applicants
  request for quicken processing is accepted the
  case will deal with faster track in the manner of
  examination within three months from the date of
  submission of the trademark filing application.
• Hence, Quickening process is limiting only up to
  the stage of examination and that too subject to
  Registrars attention. In the global
  classification, the raw material and un finish
  goods are categorize regarding to the material of
  which they consist, whereas finished products are
  categorized based upon their serviceable areas.

23
Conditional Acceptance of Application

• Identically, Registrar checks the application and
  he definitely accepts that order. Or subject to
  amendments or renewal under some Section is
  common Rule. The responsibility is on the
  applicant to satisfy the Registrar. Then the
  Brand qualifies under Trademark Registration. The
  section negotiates discretion on the registrar to
  refuse application or require some modification
  or conditions.
• However, in all such cases the Registrar need to
  communicate with the applicants basing on the
  objections rose. And the applicant can accept the
  Objection from the registrar. Submitting his
  observation to the registrar or may apply for a
  hearing. If the above corrections will not done
  in the mentioned time period the application will
  get rejection.

24
Evidence of the Trademark Filing

• Even though evidence before Registrar will give
  oath under Section. The Registrar may think if
  the application is fit he will take the oral
  evidence or he may take it by affirmation. The
  affirmation should following some necessary
  documents. In the trademark registration process
  the affirmation are relevant not as much as their
  oral oath but it will helpful to rendering the
  courts determination.

25
Evidence of honest synchronize use

• Moreover, the applicant desires to use the
  registration under particular section. He has to
  formulate the case for registration on the floor
  of honest synchronize use. There is no fast or
  slow time for claiming the benefits of Section on
  Trademark Registration. The time only depends
  upon the nature of goods and Services.

26
Process of hearing for Trademark

• Though, in some cases like the applicant doesnt
  accept the amendments, modifications, conditions
  and desires to be heard in the manner, he is
  entitles for an opportunity for a hearing at the
  appropriate office where the application is
  applying. The applicant can appear by himself as
  solo, be in with a legal adviser or a registering
  trademark at the hearing.
• Although, the decision of the registrar after
  hearing or without hearing if the applicant has
  duty sent his objection to the registrar stating
  that he does not have to attend hearing, is
  communicating to the applicant in writing.

27
Conclusion
28
In case of knock back or conditional acceptance
is following in trademark application. Registrar
records the documents or evidence using through
him in arriving at his decision for further
clarifications. In case the applicant aim to
appeal from the decision made by registrar, it
will complete soon. He may within one month of
submission of Form TM-M to Registrar requiring
one. To state the materials and decisions use
via him in arriving at his decision. A person
applying to the Appellate Board for reparation of
the Register through removal of a registering
trademark is not heading one. It is an order
requiring the Registrar to give the reason for
Trademark Registration.