A Trademark is a type of intellectual property that consists of a recognizable sign, design or expression that differentiates products or services from one source to another. Trademarks used to identify services are usually called service marks trademark enforcement in germany. Once registered, a trademark is valid for 10 years from the date of filing which can be renewed.
Trademark registration process is as follows
Selecting a trademark agent
If you’re a business owner operating your business from India, then you’re allowed to file a trademark application. If you’re operating your business from any other place then the application should be filed by a right holder through an agent or attorney. Searching, preparing, filing and prosecution of the trademark is usually done by the agent or attorney.
Filing and completion of the application form
If the power of attorney from the right holder is vested on the trademark agent, then he can file and complete the application form. The form will have details like the name and address of the business owner, goods and services associated with the mark, copy of the mark if the mark is already in use.
Approval, show cause hearing or rejection of the application
The trademark association will check if the application is barred from registration in terms of the rules prescribed in The Trade Marks Act, 1999. Then, an examination report will be issued within a period of one month.
The registrar of a trademark will then determine whether the application needs to be accepted, rejected or put up for show cause. During the show cause hearing, an application can be rejected, accepted or accepted with certain conditions. If the application gets rejected, then the applicant can appeal to the Intellectual Property Appellate.
Eligibility and availability of a trademark
The agent will check if the trademark satisfies every criterion required for eligibility of the trademark and conduct a clearance search to see if the trademark is already in use.
Review by the trademark officer
The application is then reviewed by the trademark office and an application number is issued. This number becomes the registration number once the trademark has been registered.
Publication in the trademark journal will be done within a period of three months. If the application is not opposed by a third party, the trademark will be preceded for registration.