How to Register Trademark By Yourself Vishu Raj BASICS OF LAW Sun, Jul 26, 2020, at ,06:29 PM Introduction- Trademark (popularly known as a brand name in layman’s language) is a visual symbol which may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colours used, or services, or other goods or services are produced or provided by a specific person or enterprise. IMPORTANT DEFINITIONS UNDER THE TRADE MARKS ACT, 1999- Trade Mark- A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. As stated above the definition of the trademark under Section 2(1)(zb) has been enlarged to mean a mark capable of being graphically and which is capable of distinguishing the goods or services of one person from others and may include the shape of goods, their packaging, and combination of colours and covers both goods and services. Certification Trade Mark “Certification trade mark” means a mark capable connection with which it is used in the course of trade which is certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as the proprietor of the certification trademark, of that person under Section 2(1)(e). Well Known Trademark A well-known trademark was legally defined for the first time in the Paris Convention of Industrial property. Paris Convention had set out the principle that would grant special protection to well-known trademarks but no procedure has been laid down and therefore every country has room to decide and set the procedure for protecting a well-known trademark. REGISTRATION OF TRADEMARKS Who May Apply for Trade Mark? As per Section 18 of the Trade Marks Act, 1999 any person “claiming to be the proprietor” of the trademark ‘used’ or ‘proposed to be used’ by him may make an application in the prescribed manner for registration of his trademark. “Any person” is wide enough to include any individual, company, or association of persons or body of individuals, society, HUF, partnership firm whether register with the government, trust, etc. Registration Process in Trademark : 1- Trademark Search- Before beginning the trademark registration process, the entrepreneur must do a trademark search either online or at the trademark office. The trademark search will provide information about the identical or similar trademark that has already been filed in the trademark registry. 2- Pick a distinctive mark- Aim for unique. One common mistake is to pick a trademark that is descriptive of the goods or services, Alternatively, try finding a word that is completely random or arbitrary when it comes to your product. Try also to avoid things like superlatives, personal or place names, or words that refer to quality or character Visual marks and logos are a bit different. In many countries, trademark does not protect against all unauthorized use of a symbol but only ones that cause confusion in the company's market. For symbols, logos, and fonts, then, you need to pick a mark that will not cause consumer confusion in your specific market. 3- Trademark Filing- Once a trademark search is completed, the application of trademark registration can be filled with the trademark registrar. The trademark application can be filed at any trademark office in the state or in online by the help of Trademark agent or lawyer The trademark application includes – Logo or the trademark Name and address of trademark owner Classification or trademark class Description of goods and services 4- Trademark Application allotment number- Once the application is filed with the registrar a trademark application allotment number is provided in 2-3 working days When the allotment number is obtained by then the owner can use the trademark symbol next to the logo 5- Examination of Trademark- Once the above process is completed, the trademark officer reviews the trademark application for the correctness and issue a trademark examination report The trademark officer has the ability to accept the application allow for trademark journal publication or object the trademark registration application If the trademark registration application was objected then the applicant has the right to appear before trademark offices and address the objection with the satisfaction of the officer the application will proceed. 6- Publication of Trademark in Journal- Once the registration application is accepted by the trademark registrar, the proposed trademark is published in trademark journal which is published weekly, now the public has the opportunity to object the trademark registration If there is no objection filed within 90 days of publication then the mark will be registered within 12 week 7- Complete of the registration process – Once there is no objection or opposition for the trademark registration application the trademark manuscript and certificate will be prepared and issued. You may use the registered trademark symbol ® next to the logo or business name. Your trademark is valid for 10 years from the date of your application. You are able to renew it automatically every ten years, so long as you pay the renewal fee. Keep in mind that this trademark only applies to India. If you want your mark to be protected elsewhere, you will have to file an international application under the “Madrid Protocol