While applying for Trademark, a trademark registration application passes through a number of stages. The preliminary stage after submission of a Trademark application involves examination of trademark by the Trademark Officer, who will be at discretion to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application. The Registrar of the Trademark calls the applicant for trademark hearing.
Trademark hearing is required when the trademark registration application is objected and a response to such examination report is submitted to the Trademark officer and the he is still unsatisfied with the submissions. The applicant is supposed to attend the Trademark Hearing. Registration Arena can help you guide with the process of trademark hearing.
A response to trademark examination report has to be made within a period of 30 days, thereafter it will be at the discretion of the Trademark officer whether to accept the submissions and defence of the reply filed. If the trademark officer is still not satisfied with the contentions in support of allowing the mark. A Trademark hearing notice directing the proprietor or his agent to attend the trademark hearing to show why the mark should not be refused will be fixed.
Procedure For Trademark Hearing
Documents Required For Trademark Hearing
Power of Attorney
Power of attorney or letter of authorisation, authorising the Trademark Agent to appear on behalf of the Proprietor.
Affidavit of Usage
The affidavit of usage must give the complete details about the usage of the brand name.
Submission of Identity proof or registered office address.
Examination report sent by the Trademark Registrar after examining the Trademark Registration Application.
Notice of Hearing sent from the Trademark office specifying time and date of hearing.
No, if you have authorised the agent by way of letter of authorisation or power of attorney you are not required to be physically present during the process unless appearance is made mandatory by the Trademark Officer.
Once hearing is done it is at the discretion of the Trademark Registrar to accept or refuse the hearing, if the hearing is accepted the trademark application status will change to “Accepted and Advertised” thereafter, if no opposition will be raised against your Trademark registration application within 90 days then your trademark will be registered.
The Proprietor can name the power of Attorney for Trademark registration process in name of Trademark Agent or trademark attorney.
A Trademark is any unique name adopted by organizations to represent their identity in the market. It helps the consumer associate the organization with its products and services.
The Name of a company or any names given to its products or services can be classified as a brand name. A brand name associates the goodwill that the organization or its products and services earn from the market with itself. It helps a seller differentiate its goods from that of its competitors. Trademark registration secures this brand name with its owner
Any word, title, symbol, heading, label, name signature, numeral or any combination thereof can be applied for Trademark Registration in India. Any Slogan, Base or Punch Line, etc. which are used to describe any product or service better can also be applied.
Your brand name is applied for trademark within 24 hours from the time of receiving all of the required documents and payment. You can start using the ™ symbol alongside your brand name now. After about 18-24 Months, it gets registered and a certificate is issued to your address. You can start using the ® symbol after receiving the certificate. If your name has been given “Positive” in our free search report, don’t worry! Your application will get through to registration smoothly.
As per the Trademarks Act 1999, if you are using a certain brand name for many years, you can still be granted a Registration keeping in mind the goodwill attached with your name over the years. The best way is to apply right away and put forth your points in the process.
No! The registered trademark under Trademark Act 1999 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.
Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.
It is valid for 10 years from the date of application. Don’t worry! You don’t have to reapply for the entire registration process every 10 years. You can get it renewed 6 months before expiry by just paying the nominal renewal fees. You even get a reminder from the Trademark Registry itself telling you to renew it. If you keep renewing it you can keep the trademark with you for a lifetime.
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On Time Delivery
Just tell us a few details about your brand and we’ll process your application. In three working days, you’ll be ready to use the symbol alongside your brand name.
We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
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Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we’ll try to ensure that your doubts are cleared before they even arise.