Trade Mark Registration Process
Trademark Registration is considered as an important by intellectual property laws. There are certain steps that are laid down by TRADEMARK ACT, 1999.Registration for trade mark can be easily done in four steps as defined below:
Step 1: Trademark Search
The first step of trademark registration is trade mark search. The search should be done in both for various combination of similar marks on the intellectual property website. One must take care that one’s mark should not be similar to that of other’s mark. IN case similar marks are found, one has to check the description to see if the mark should not represent the same set of goods or services proposed by you.
Step 2: Application Preparation
In the second step, an application is prepared by the Trade Mark Attorney. Form 48 and TM-1 will be prepare for approval and signature of the trade mark applicant and the same is forwarded to the office of Trademark registry.
Step 3: Application Filing
In the third step, the trade mark filing is completed with the Trade Mark Registry by filling form-48. The Government fee for registering a trade mark for
- an individual, start-up, small enterprise is Rs.4500,
- For all other types of applicant, the Government fee is Rs.9000,
- for the attorney professional which is Rs.3500 for each application.
One must file the application in their respective category.
Step 4: Government Processing
Once a trade mark application is filed and the Government is processing the application, the status of the trade mark application must be checked periodically, that whether anyone else is using that mark or not. In case of objection, an objection reply must be submitted by the applicant within 30 days. Similarly, in case of opposition, the applicant must respond in a time-bound manner to allay the concerns of the counter-party.