A trademark is a logo or a collection of numbers and letters that distinguishes a company’s products from those of competitors. As a result, trademark registration can assist a company in investing in branding and ensuring its distinct identity in the marketplace. It also aids the trademark owner in securing his or her trademark and preventing its unauthorised use. When it comes to growing a business and increasing earnings, trademark registration is critical. A registered trademark is also an intangible asset for a firm that protects its investments. We’ll go over the steps involved in submitting a trademark application.
Trademark Filing: What to look after?
The trademark filing generates a lot of brand recognition. Your small effort will help to retain the trademark and provide the brand a distinct personality. The following are the steps in the trademark filing process:
Also see : List of well known Trademarks
The trademark search is a crucial step in the trademark application process. It is vital to determine the items and services for which a trademark application will be filed. As a result, trademark research is necessary because it informs the applicant whether or not a given mark has been registered. You cannot have a trademark that is similar to one that has already been registered by someone else.
Related Articles: Manual of Trademarks Practice & Procedure
After conducting a trademark search, you must choose a trademark and complete a trademark application in order to proceed. In your trademark application, you must provide all trademark information. The Indian Trademark Office is also where the trademark application is filed.
After you’ve filed your trademark application, the following step is to have it examined. The trademark application is sent to the examiner, who looks over it for any irregularities. In addition, from the priority date, the examination process takes 12-18 months. The examiner examines the application to see whether it complies with the official requirements.
The examining attorney determines whether or not the trademark should be registered. He will accept the trademark application without charge if all of the claims are true. In contrast, if the examiner decides not to register the trademark, he will send a letter to the applicant stating why the application was denied. The examiner will declare that he or she will fix the application’s flaws.
Within six months of receiving the office action, the applicant must respond. The applicant must correct the claims that the examiner has requested.
If the examinee attorney raises no objection, or if the applicant overcomes all the objections, approval of the application takes place. So, after approval, the trademark office publishes the trademark in the “Official Gazette.”“Official Gazette” is a weekly publication of the trademark office. The trademark office sends a notice of the publication to the applicant stating the date of publication. Trademark office gives 30 days of time for the opposition of the trademark to happen if anyone wants to oppose it.
Notice of Allowance:
After the publication of the trademark, the next step is notice of allowanceto the applicant. If there is no opposition regarding the trademark application, trademark office issues a notice of allowance to the applicant. Moreover, a notice of allowance means the successful survival of the trademark filing in the opposition period after publication.
Filing the Statement of Use (SOU):
A time period of 6 months is given to the applicant from the date of allowance to file the Statement of Use (SOU). The applicant needs to use the trademark in commerce and file SOU. However, if the applicant fails in doing so, it results in the abundance of the trademark application.
Reviewing the Statement of Use:
Before an examining attorney may properly analyse a Statement of Use (SOU), it must meet certain filing criteria. If SOU meets the basic filing criteria, the attorney decides whether or not registration is appropriate. If there are no refusals or extra requirements, the examinee approves the SOU.
This is the final stage of the trademark filing process. Once you pass all of the above steps, the registration of the trademark happens. The following points are important to remember:
Registration Certificate Issue:
Within approximately 2 months after getting the approval of SOU, the USPTO issues the trademark registration. To keep the registration live, the applicant must file the specific maintenance documents. Hence, failure to make these filings will result in cancellation of the registration.
Monitoring Registration Status:
Even if your trademark is registered, you should keep an annual check on it. As a result, it’s critical to verify the status of your registration after making any of the files in order to keep it active.
Once the trademark filing process completes, one has to renew it perpetually after every 10 years. Hence, the protection span of your logo or brand increases.
Looking for Trademark Filing – Your Trademark Team
You’ve put a lot of effort into developing your brand. You not only spend money on your logo and trademark, but you also put in hours of labour to promote your business. Before you put forth this effort, make certain that it is in the correct direction. Your Trademark Team (YTT) is a group of trademark experts with years of experience in the process. If you want to register your trademark, YTT can assist you with its world-class facilities and professional experience. For our clients, we file rapid and simple trademark applications at a low cost. At each phase, our staff notifies our clients in a timely manner. YTT is well aware of every guideline and the latest trademark laws to ensure our client’s trademark safety. We will also report you with the proper updates. To avail our services, Visit Your Trademark Team.