- Select your trade mark
The main challenge is in selecting the right trade mark for your product or services.
Follow certain rules whilst selecting the mark:
i. The mark should be short and memorable
ii. It should not describe the goods or services
iii. Choose words that are fanciful or arbitrary
iv. It should not be similar to any other mark already in use
v. Avoid surnames
vi. It should not hurt religious sentiments
vii. It should not contain scandalous or obscene material
- Search for conflicting marks
Before filing the application it is advisable to take a search of the records of the trade mark registry to look for any marks that are identical or similar to your mark. It is also advisable to do a general search on the internet.
- Select the classes in which you want to register the mark
There are in all 45 Classes out of which 34 are in respect of goods and the remaining are in respect of various services. You must select the class in which your goods or services fall.
- Have you used the mark?
You can use a trade mark even if you do not register it. You can establish what are known as “common law rights” by use of the trade mark. Generally, the first person to use the mark gets a better right to it. Registration of a trade mark gives you additional “statutory rights”. If you have not registered the trade mark but are using it, you may use the symbol “TM” to indicate that it is your trade mark. After you have registered it you can use the symbol ®.
- File the Application
You have to provide details of your name, address, legal status, image and description of the trade mark, first date of use, affidavit of use with evidence of first use and other details.
Steps after filing the Application:
i. Examination and issuance of an Examination Report by the Registrar
ii. Reply to the Examination Report
iii. Acceptance of the trade mark or Show Cause hearing
iv. Acceptance or refusal of the application after the hearing
v. Advertisement in the TM Journal
vi. If the application is not opposed in 4 months the mark proceeds to Registration
If you are confused or require any additional information you may visit our website www.rgajria.com for more information or contact us to talk to one of our experienced attorneys.