Process and procedures in trademark registration ways and the time period of registering a trademark in India are discussing in this blog.

2.  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.  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.

5.  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.  Trademark Registry is the separate office is
setup for the registering trademark in
applicant’s 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.

8.  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 Applicant’s 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.  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.  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.  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.  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.  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.  The trademark Registration Application form and its
additional sheets contain the exact representation of the
trademark of size not exceeding the limit of 8cm*8cm.
 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. i. The date of the Application which send
earlier.
ii. No. of the Application receive earlier.
iii. State or provision in which the applicant
has filed for.

16.  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.  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.  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.  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.  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
applicant’s trademark.

21.  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.  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 applicant’s 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
Registrar’s 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.  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.  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 court’s
determination.

25.  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.  Though, in some cases like the applicant doesn’t
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.