A trademark application
is a way to protect the trademarks of an institution. An institution may lose a trademark if it stops using it, if the proper renewal forms are not filed, if proper quality control is not exercised over licenses.
Federal Trademark Application
Filing for a federal trademark application has a number of steps. The following steps will help you to correctly file your federal trademark application.
- Firstly, decide what you want to trademark.
- Register your trademark.
- File your application.
- Consider a trademark or patent attorney
Trademark Application Process
Trademark application is filed only after the trademark attorney conduct a complete trademark search and when your trademark receives a positive trademark registerability opinion, then the trademark lawyer prepare and file an application for trademark registration in a single class.
Trademark application can also be filed online by the trademark electronic application system. For applicants, federal registration is comparatively straightforward process. When completing the application, the service mark should be described.
Trademark Application Process is the easiest process of filing a trademark application in India and grant of trademark registration certificate involves the following steps are given below:-
- Name Search
It is recommended to conduct a Trademark name availability search in order to check if any similar Trademark has been filed in India that may oppose your registration. Generally, the cost of the search is quite insignificant in comparison to the costs of re-branding if there is difficulty in using the Trademark because it infringes the right of others.
- Filing of application before the trademark office
The next step in getting a trademark registration is the filing of Trade Mark Application with the logo along with the applicants' particulars, including his address. A duly notarized Power of attorney on stamp paper has to be submitted.
The Trademark Office will examine the registrability of the application that includes distinctiveness, existing similarity with prior registrations and completion of supporting documents, if accepted, the Trademark Office will issue an acceptance order and the Trademark is ordered for publication.
- Opposition of Mark
Third party can oppose the registration of the trademark within the 3 months from the date of the trademark journal made available to the public, if trademark is advertised in the trademark journal.
A trademark is registered in the absences of opposition and the relative certificate of registration is issued for 10 years from the date of filing of an application.