Congratulation, your trademark will get registered once you file your Trademark application, this is actually people know about Trademark registration in India, we generally don’t understand only application fillings for a trademark is not getting your brand registered until your brand name is more and more unique and which can specify your nature of business.
“Nowadays for many companies, Attorney and Agents filings trademark application has come to a big source of earning money without looking it consequences and probability of getting a trademark registered, through search trademark.
That’s true No one or no attorney can say that your Brand will get registered 100%, but if the person is an expert in filings trademark applications then he can provide the most probability of getting the trademark successfully registered.
When and young entrepreneur or any business owner comes for trademark registration they usually think! Let’s file our trademark application and our brand will get registered.
But that’s not a real fact about trademark registration, until and unless your brand name and logo you wish to register is unique and your brand name should specify your scope of work.
In case your brand name is distinctive then only your brand can get registered within 6 to 8 months approx. wherein Examiner will issue Examination Report against application file for trademark registration. Wherein the examiner has no objection related to your brand name and scope of business.
In case if the examiner has no objection related to your trademark application he will advertise your trademark brand to the Trademark journal or ipindia journal.
The above point was if the examiner will have no objection to your application then only he will advertise your brand to the Trademark journal or ipindia journal.
But If incase examiner has objections related to your Trademark application filed for registration.
Then the examiner will raise examination report which is also called has objection related to your brand and you trademark status will get change into Objected.
Now the first question comes in our mind
“What can examiner raised query in Examination report for trademark registration?”
And the second question
“What are the most queries raised for trademark registration?”
Here we can read the answers above,
But wait where are you going yet we have not completed, the above two questions that were related to the examination report that the examiner will raise in the examination report.
The process once objection issued by the examiner is to make reply filings within 30 days from the date of examination report issued.
In case if we fail in making reply filings to the examination report issued will result to get abandoned your application and removed within a specific period of time from the trademark department itself, which will result to waste of your money and time.
After making reply filings to objection issued by trademark registrar, if the examiner is satisfied with reply filings and the objection raised against your brand and If the examiner will get proper answers of objection raised by though examination report.
Then only he will publish your brand to ipindia journal or else he will call for a hearing.
He will not approve the trademark application even after hearing until the examiner get proper answer of their objection raised in examination report.
Here is the workflow for Trademark registration.
OHH God registering trademark is so confusing and Hectic,
Don’t worry here is the solution below,
We can maximum avoid the above reply filings of examination report and hearing by this simple two steps,
- Nice classification
- Search report
To get our brand registered successfully registered in trademark, the important is to know about class of trademark. e.g Trademark has 45 classes, i.e 1 to 34 is for service provider and 35 to 45 is for service providers, you should exactly aware in which class your business fall into.
One class of trademark contains many objects depending upon industries, the most important factor to properly classify our object and select a proper class for our business. Where in you can file your trademark application.
The process of Trademark classifications are has follow.
Visit to ipindia.gov.in website
Navigate to Trademarks Related Links classification of Goods and services.
We can search our products and services accordingly to get exact class of trademark for our products and services.
If we search for services e.g “Trademark Registration” you can see the results for trademark search report in below images
And you can select your products for services class accordingly.
Once classification is done for goods or services we are looking to register then we can go ahead for our search report for our brand to any if any existence of our brand name with trademark department in same class.
You can easily find have your search report for brand we wish to register with trademark department by using your class of trademark and Your Brand Name.
Search report of brand plays imperative role for any application to check whether brand is being already registered with trademark department or not.
Simply go to ipindia website, here below you can see the navigation for public search.
There are majorly two types of search report in trademark first is Wordmark and second is Phonetic,
- “Wordmark” within word make you can search according to your requirement. In three ways.
- Start with
- Match with
- Start with
“Start with” Means you can get search report of your brand spelling start with.
Example: You are searching for Brand name “Samsung” in class 9. so you will get all the application starting with spelling “Samsung” filled in trademark records till date.
“Contains” means you will get all the application that contains the spelling you are searching.
Example: You are searing for brand name “Nokia” in class 9. So you will get all the details about trademark application filled that contains the spelling “Nokia”
- Match with
“Match with” you will get the search report with the spelling similar spelling that you are searching.
Example: you are searching for brand name “Redmi” in class 9. So you will get all the application filled with exact name Redmi.
We can use this tool for search report to get the entire brand registered with trademark registry which is phonetically similar to our brand. Which means the all the brand which sounds similar with our brand.
Example: We are searching for brand name “Oppo” in class 9. Then we will get the search report of the entire brand which sounds same to our brand.
Once you get the exact search report of your brand you can get to know the best probability of getting your brand registered.
- You should have proper class of trademark for search report.
- Always suggested to have trademark search report in phonetic and wordmark to know the best probability.
- Double-check your scope of business and brand name before search report with proper spelling.