Brand Name Registration Procedure
STEP 1: Brand Name Search:
A Brand Name search is the first step in the Brand Name registration procedure. A search is to be conducted in order to determine the uniqueness of the brand, and its similarity to other, pre-existing brands. It is very much advisable to conduct a Brand Name search before registering or using a Brand Name. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Brand Name application, and a third-party challenging the Brand Name registration application.
STEP 2: Filing of Brand Name Registration Application:
The second step in the Brand Name registration procedure is filing of Brand Name registration application after getting the positive search report. After receiving of the acknowledgement the applicant can use the symbol TM alongwith the applied brand. If the application for the registration of Brand Name filed through efiling system of Brand Name registration than the acknowledgement of the application alongwith the government receipt generate immediately after the filing. If the application for the registration filed manually than the acknowledgement provided only after 15-20 days.
STEP 3: Examination of Brand Name Registration Application:
Third step in the Brand Name registration procedure is issuance of examination report by the Registration office. Upon receipt of Brand Name registration application, the Registrar issues an examination report after examining the application. Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with brands which are already registered, or which are the subjects of earlier pending applications.
STEP 4: Publication of Mark in Trademark Journal:
Fourth step in the Brand Name registration procedure is the publication of the brand in the Trademark journal. If the Registrar consider the mark as a distinctive brand or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal. If no opposition to the brand is filed within 90 days from the date of publication, or 120 days if request for extension of time is given to the opponent and opposition is refused, brand proceeds for the acceptance of Registration.
STEP 5: Trademark Registration:
Fifth step in the Brand Name registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Brand Name is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.
If there is no objection and /or opposition raised, the process of Registration of Brand Name usually takes 15 to 18 months.