Using a flowchart, explain the steps involved in the process of Trademarks Registration.
Answer:-
Prior Art Search – Prior to applying for Trademark registration, it is always prudent to check whether the intended Trademark is already registered or not. Also, it is ascertained whether the intended Trademark is not similar to the ones already registered.
The steps involved in the registration process are as follows:
- After the prior art search has been conducted, the applicant can apply for the registration on his own or with the help of a certified agent.
- The application is assigned an application number within a few days. (The same can be tracked online at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx.)
- The application is scrutinized by a professional examiner. If everything is in order, the particulars of the application are published in the official Trademark journal (http: //www.ipindia. nic.in/journal-tm.htm). Otherwise, he will send the objections to the applicant for rectification. Based on the satisfactory response, the examiner would recommend the revised application to be published in the journal. If the application is rejected, the applicant may approach the Intellectual Property Division to challenge the rejection of an application by the examiner.
- Once the Trademark is published in the official journal, the public has an opportunity to file an objection, if any, within 90 days. After hearing both the parties, the officer decides whether to proceed further for the grant of Trademark or disallow the grant of Trademark. In case of unfavorable outcome, the applicant has the right to contest the decision in front of the IPAB.
- Once the application has successfully completed all formalities, a Trademark registration certificate is issued in the name of the applicant.