Trademark is one among the kinds of property within the area of product and services. In general, the trademark services identifies as service marks. The trademark owner can be anyone may be a person, an organization, or a legal entity who is in the business of manufacturing and development area. Package, label, name, word, phrase, logo, symbol, design, image, or voucher are the kinds during which styles trademark are often found. When a trademark gets registered it is an untouchable asset for future business and company investment. It is not a new concept. This started within the history of the Romanian empire when the blacksmiths made swords they want to make a selected logo or design thereon sword so it are often identified. But in the new era, some rules vary from the country by country regarding intellectual property. Each country has its own value in intellectual property. Sometimes history, geography, economy, and politics can also affect them. The internationally only symbol or trademark is unique. In general, we can see an ‘R’ in a circle or ‘TM’ in the square as a trademark symbol. Now in India online trademark registration is possible. But you can file it offline also in the trademark registration office of government which is ‘Controller general of patent, design, and trademark’, ‘Ministry of commerce and industry, ‘Government of India’. Registered trademark leads to good advertisement and services. Trademark registration requires some legal and original documents except this the registration procedure is simple but after the registration, real patience is required.

Search for the trademarks – When you start a business you will already have the name of your business in your mind. But it’s really arduous to get a unique name with a unique business. So, the primary search if you’ve got an identical business name with anyone. It will offer you forewarning of the likelihood of the trademarks. Because it will be a waste of money if it is trademark ligitation and it will be a lot of time-consuming. So it’s better than we are prepared in advanced. By doing this your business will be unique in this digital world with a unique name. So, one piece of advice is also there that be creative and simple so people can remember you very easily.

Trademark Application – When you chose the correct brand name which is not registered in the trademark previously you are good to go further. You have to file the trademark registration application under the trademark registry of your country. Nowadays these applications can be filed offline and online also. You will get an instantaneous receipt for future preference. This process can be done in some minutes it will not take more time.

Inspection – After filling the application the inspection officers will examine any disparity. They might give results in three ways accepted, partially accepted, and object. If it is a pass then your trademark gets published in a trademark journal in which all trademarks are registered. If it is partially accepted or object then they will give you some months to fulfill all the requirements and after their re inspection, if they get satisfied then congratulations your trademark is published in the trademark journal. This inspection requires around 1 to 2 years approximately.

Publication – Once you’re through with the inspection process your trademark will get published. But wait it’s not ended here if anyone has an objection about your trademark then there will be a fair hearing and the registrar will give the result. And if your trademark publication didn’t get any objection for 3-4 months then it’ll proceed for final registration.

Certificate – Once your publication is done now, you will get a registration certificate with the seal of your country’s trademark office.

Renewal – After every 10 years you’ve got to renew your trademark. So, your brand and business are often protected forevermore

Trademark Hearing-

This all procedure is of registration for a trademark but wait what happens to hear. Hearing of trademark cases is a legal procedure usually done by the registrar but with different committee members or attorneys. Generally, it takes place after the publication step. When the trademark registration gets filed after that an inspection goes on by some officers. In this inspection, they check every small detail of the product or company. All background check done by them. At the time of publication, the registrar offers notice of objection regarding that particular trademark application. If the trademark applicant is unable to full fill all the requirements for getting a trademark then the trademark office can also object. After notice, if there are no considerate replies for that particular trademark then the procedure moves to hear. And if anybody objects to that then the registrar runs an inspection again and after that, they summon both the parties at their office with their attorney and after hearing both parties’ terms they do a fair hearing and gives a decision. Of course, only the registrar not present but some members and authorities also present there for a fair hearing. For getting the trademark attorney or agent should satisfy the registrar with sufficient legal proof of original documents. Nowadays all this process is done online so anybody can check the status of their healing process. If the status is ‘Show Cause Hearing’ it means your hearing date is scheduled. Once the registrar is satisfied with the trademark then the trademark is registered. But if the registrar denied it then the trademark application gets to drop.

So, in nutshell, we can say that the hearing procedure is the heart of trademark registration. Without a perfect hearing, the trademark is really difficult. Bring more attention to the correct procedure of trademark registration so it can be issued in small time.

Bhagyashree Shelke