Trademarks are now required for doing business. Trademarks cover everything from company names and symbols to product names and catchphrases. Protecting one’s corporate identity requires securing legal rights to one’s brands through Trademark Registration. It is critical to remember that trademark registration should not be confused with trademark filing. The process, however, does not end with the submission because the Trademark Registration Process is lengthy and difficult. As a result, in this blog post, we’ll go over how to Get Trademark Registration in India, whether you do it yourself or hire an attorney.

Procedure for Trademark registration in India

  • An application has been submitted.
  • Using Trademark Search, the entire India record is thoroughly searched to identify any similar registered trademark.
  • The Trademark Office takes about two years to consider or grant the applied trademark and publish it in the Trademark Journal.
  • When a third party files an opposition claiming a similar trademark, the case must be resolved by fighting a case and proving the originality of the filed trademark.
  • Only if the case is won will the Office or Court grant the person a Trademark Certificate.
  • Applying for a trademark is a big and vast process, and it is generally a tiresome process, so contact LegalRaasta team for further assistance to make your process simpler and faster, and to avoid rejection of application.

Two ways to register your trademarks in India:

  • Individuals can register their own trademarks, but there are some obstacles they must overcome when doing so in India.
  • To register a trademark, you must hire a trademark attorney or agent.

Individuals Face Difficulties When Registering Their Own Trademark

  • Before selecting a mark, a thorough trademark search must be conducted to avoid application rejection on any relevant grounds of refusal. This is done to account for all applicable registration laws and their potential consequences.
  • The examiner refuses to Register Trademarks in the Incorrect Classes. Choosing the categories of goods and services for which a trademark should be registered is a difficult task. Any errors will be challenged, and your registration will be cancelled.
  • It is necessary to respond to any objections raised in response to the application. To avoid having the application abandoned, quick action on the filing of a reply is required during the objections proceedings, which can take up to 12 to 18 months.
  • The applicant must appear and argue at any hearings held by the Registrar on the opposition. To effectively navigate the hearings and opposition proceedings, which typically involve a number of technical and legal complexities, the applicant must have extensive prior experience with TM registrations.

When registering a trademark, do I need to hire an attorney?

A trademark attorney is someone who is knowledgeable about trademark laws, designs, and practices. He provides legal advice and assistance in the areas of trademark law and other Intellectual Property Rights laws. He is a person who is well-versed in trademark laws and fights cases using his knowledge of the subject. To practice before the Intellectual Property Appellate Board, a trademark attorney must be registered. A Trademark Attorney provides guidance and legal support to a trademark holder or potential trademark holder in any way possible. He also ensures that the trademark he is requesting does not infringe on the rights of any other trademark holder.

Benefits of Using an Attorney for Trademark Registration in India

Yes, it is possible for a layperson to file a trademark without hiring an attorney, especially if all of the applicable laws and rules are followed. However, when practicality is taken into account, hiring an attorney will make the process of registering a trademark easier. To apply for a trademark, certain procedures must be followed. If an objection is raised against a filed trademark, an attorney is the only qualified person to argue the case and resolve it so that registration is granted, making the appointment of an attorney critical.

Second, having an attorney appointed always has a positive outcome in the future. If the person who filed the trademark dies unexpectedly, the attorney can act as the deceased person’s legal representative with the consent of the deceased person’s legal heir. There are some tasks, such as renewing a trademark every ten years that are better left to an attorney. He will relieve his client of the burden, and the client will not have to do every job himself.

Value of a Trademark Attorney for Trademark Registration in India

The task of filing a trademark can be delegated to either a trademark attorney or a trademark agent. He can only practice trademark law after meeting various IPAB conditions, whereas a trademark attorney has more knowledge, is a qualified lawyer, and practices law outside of the IPAB Trademark Office, giving him an advantage over agents. Anyone who is an attorney and is filing for a trademark can avoid hiring a trademark attorney because he understands his set of laws well enough to file a trademark. He can afford to forego hiring an attorney. However, it is recommended that an expert trademark attorney be appointed to provide legally sound opinions to the layperson with no legal knowledge. A trademark attorney can also be useful in providing proper legal knowledge after consultation.

Conclusion

A trademark registration application appears to be a fairly simple process; however, there are a number of potential issues that could arise and result in the application being rejected or abandoned. Handling these complexities should be entrusted to an experienced trademark professional who can easily navigate the registration procedure and take prompt necessary action to ensure a successful Trademark Registration Application. So, in this blog, we will explain how to obtain a trademark in India. What are the obstacles to registering a trademark on one’s own or with the assistance of a legal advisor or agent? To ensure that their TM is registered, an applicant should consult with a Trademark Expert. A skilled professional would anticipate what to expect during the registration process and respond accordingly. Applicants can obtain a certificate of registration in a timely and cost-effective manner with the help of ApplyTrademark professionals experienced in trademark registration in India.