Can I apply trademark myself?

Trademarks are now essential to doing business. Trademarks include everything from company names and symbols to names of products and catchphrases. Securing legal rights over one's brands through trademark registration is crucial for protecting one's corporate identity. It is important to remember that the process of trademark registration cannot be compared to that of trademark filing. However, the process doesn't finish with the submission alone; the TrademarkRegistration Process is a lengthy and difficult one. Therefore, in this blog post, we'll discuss how a person can register their own trademark and what are hurdles one have to face while registering own trademark in India.

Individuals can register their own trademarks

The Trade Marks Act of 1999 and the Trade Marks Rules of 2017 define Trademark law in India. Anyone who asserts ownership of a trademark relating to goods or services may submit an application for trademark registration, according to Section 18(1) of the Trade Marks Act, 1999. As well as referring to a natural person, the term "person" in this context also encompasses corporate bodies, partnership firms, HUFs, trusts, societies, government authorities or undertakings, groups of people, and joint proprietors. The application may be submitted in writing to the Indian Trademark Office (TMO) or electronically through the e-filing channel accessible at the official website.

Who may register a trademark?

The following Persons are eligible to file trademark applications:

v  Hindu Undivided Family (HUF)

v  public authorities

v  individuals body corporate

v  two or more people collectively

v  LLP (Limited Liability Partnership)

v  joint businesses

v  Partnership companies

v  private limited companies

v  Trusts

v  Societies

v  Legislative bodies

v  Other entities, such as NRIs, foreigners, or foreign businesses.

Steps in Trademark Registration

1.      Choosing a trademark: Choosing a trademark is the first and most important stage in the trademark registration process. This may seem like a simple process, but it actually requires a lot of work because the chosen mark must be in compliance with the Trade Marks Act of 1999 and must not violate either of the absolute or relative reasons for refusal under Sections 9 and 11, respectively. To find out if a similar trademark is already registered or being used in support of the same, a trademark search should be done.

2.      Choosing appropriate classes: Choosing and identifying the pertinent classes for which the mark must be registered is also crucial before filing.

3.      Application filling: The application must adhere to all applicable filing requirements; otherwise, the Registrar will notify the applicant of any inadequacies and give them a month to fix them. If the faults are not corrected within the allotted time, the application may be deemed abandoned.

4.      Examining the application after filing: The trademark office reviews the application and may object on a number of reasons. A response to an objection must be filed within a month of the objection being raised.

5.      Publish in Journal: Subsequently, the application is published in the Trademark Journal for public viewing, giving third parties four months to voice their opposition. Every interested person has three days following the publication of the trademark in the journal to voice their complaint.

6.      Objection: Any interested party may voice an objection after the trademark is published in the journal within three months of the publication date.

7.      Hearing: The Registrar makes a decision regarding the application after hearing from the applicant and the opposing party. The application is registered if no opposition is voiced within the allotted period.

8.      Certificate of Registration: After the applicant successfully addresses any opposition, the registrar issues the Certificate of Registration. On the certificate is pasted the trademark registry's seal.

Challenges Individuals Face When Registering their Own Trademark

v  It is time-consuming to do a trademark search, which is the first stage in the registration procedure. A comprehensive trademark search may require both a word mark and a device mark search in some circumstances, which a non-trademark specialist may not be able to perform. Because of this, if the search is not done thoroughly, the trademark may be confusingly similar to any of the already-registered trademarks and thus be refused. To avoid application rejection on any relevant grounds of refusal, a thorough trademark search must be conducted before choosing a mark. This is done in order to take into account all applicable registration laws and their potential ramifications.

v  Since the specified cost must be deposited for each class the application fills out, the applicant must be clear about the classes they wish to enroll in. Additionally, the examiner refuses to register trademark who choose the wrong classes. Additionally, disclaimers with regard to trademarks with more than one word must be added, changing the scope of protection. It is a difficult undertaking to choose the categories of goods and services for which a trademark should be registered. Any mistake will be challenged, and the registration will be cancelled.

v  It is necessary to submit a suitable answer to any objections raised in response to the application. The application will be declared abandoned if the response is not submitted within the allotted time frame. An adequate answer must be provided in response to any procedural or substantive objections raised by the Trademark Office. To avoid the application being abandoned, quick action regarding the filing of reply is required during the objections proceedings, which can take up to 12 to 18 months.

v  The applicant is expected to submit a rebuttal statement or evidence, as appropriate, to support the trademark application if there is any resistance to the TM registration. The applicant must appear at any hearings the Registrar holds on the opposition and make their argument. For the applicant to effectively navigate the hearings and opposition proceedings, which generally involve a number of technical and legal complexities, they must have had a lot of prior experience with TM registrations.

Conclusion

Although submitting a trademark registration application seems to be a pretty simple process, there are a number of potential issues that could occur and eventually result in the application being rejected or abandoned. An experienced trademark professional who can easily traverse the registration procedure and take prompt essential action to guarantee a successful trademark registration application should be entrusted with handling these intricacies. Therefore, even while there is no legal restriction on an individual registering their trademark themselves, it is more practical to use an IP specialist to do it. An applicant should choose to use a trademark expert in order to ensure that their TM gets registered. A skilled professional would anticipate what to expect during the registration procedure and would respond accordingly. Our professionals at ApplyTrademark are well-versed in the subtleties involved in trademark registration and can assist applicants in obtaining their certificate of registration quickly and affordably.