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 Tripura, 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.
