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How to register a brand name or a trademark?

 How to register a brand name or a trademark?


The Trademark registration process is as follows

  • Selecting a trademark agent

If you’re a business owner operating your business from India, then you’re allowed to file a trademark application. If you’re operating your business from any other place then the application should be filed by a right holder through an agent or attorney. Searching, preparing, filing and prosecution of the trademark is usually done by the agent or attorney.

  • Filing and completion of the application form

If the power of attorney from the right holder is vested on the trademark agent, then he can file and complete the application form. The form will have details like the name and address of the business owner, goods and services associated with the mark, copy of the mark if the mark is already in use.

  • Approval, show cause hearing, or rejection of the application

The trademark association will check if the application is barred from registration in terms of the rules prescribed in The Trade Marks Act, 1999. Then, an examination report will be issued within one month. 

The registrar of the trademark will then determine whether the application needs to be accepted, rejected, or put up for show cause. During the show cause hearing, an application can be rejected, accepted, or accepted with certain conditions. If the application gets rejected, then the applicant can appeal to the Intellectual Property Appellate.

  • Eligibility and availability of the trademark

The agent will check if the trademark satisfies every criterion required for the eligibility of the trademark and conduct a clearance search to see if the trademark is already in use.

  • Review by the trademark officer

The application is then reviewed by the trademark office and an application number is issued. This number becomes the registration number once the trademark has been registered.

  • Registration

Publication in the trademark journal will be done within three months. If the application is not opposed by a third party, the trademark will be preceded for registration.

Conclusion

Getting a trademark registration can be a tedious task. When you choose Aavana, you can rest easy knowing that our experts are doing everything they can from their end to make your registration process an easy one. Get in touch today for trademark registrations. Make sure you follow the procedure for registration of the trademark. 

There are a variety of trademark classes of goods and services that are available in India.

You can also e-register a trademark or get your trademark registration online.

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