Step 1: Conduct a
thorough TM Search
When an applicant decides to register the trademark, they must conduct a
thorough TM search. TM search is an initial step to clarify the availability of the
trademark. This search makes a low probability of rejection.
Step 2: Filing the TM
Application
After conducting a thorough TM search the applicant goes for the application
filing. During this step, the applicant must fill out an appropriate Trademark
class. This class defines the nature and origin of the product or service. All
the goods come under class 1 to 34 and services come under class 35 to 45.
Step 3: Examine the TM
Application by Department
After filing the TM application, that goes for the examination. Department
inspection for similarities, deceptiveness, and absolute grounds for refusal of the
Trademark according to sections 9 and 11 of "The Trademark Act, 1999".
If the registrar finds any similarity during the Trademark Registration in
Tamil Nadu, the application will send a reply. And if they accept the application, they
will advertise in a journal.
Step 4: Reply to
Examination Report
At this step, the applicant gets a notice of similarities in trademark and
the applicant gets time to provide all the related statements to prove themselves. This
step is not mandatory, but in case of any similarity or any objection, the applicant has
to reply to the examination report and submit a favourable statement to prove their
side.
Step 5: Advertise in
Journal
At this step when the registrar gets satisfied and there are no similarities
with other trademarks, the Trademark will be advertised in the journal. Here the
trademark will be published and if any third party has any issues related to the
trademark they can raise opposition within four months.
Step 6: Opposition
Process
After publishing the Trademark any other brand or third party has issues
with the trademark, an opposition may be filed by the third party. At this step, the
department gives equal opportunity to both parties to prove their side. If the third
party succeeds in proving the similarities of TM with their mark, the application will
be rejected. But if the applicant makes a relatable statement and the registrar gets
satisfied then the trademark will be completely registered.
Step 7: Registration
certificate
This is the last step of the TM Registration procedure. At this step, the
applicant receives the registration certificate of the trademark. After that, they get
permission to use the symbol ® in front of their logo or brand name. This symbol
determines that the brand is legally registered. It helps to give a unique identity to
the brand and also provides several exclusive rights over the brand name.
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