The process of trademark registration in Odisha involves several key steps:
1. Conducting a Trademark Search
Before filing an application, it is essential to conduct a comprehensive trademark search to ensure that the desired trademark is not already in use. This search can be performed online through the Trademark Registry’s database. It helps identify any existing trademarks that may conflict with your proposed mark.
2. Filing the Application
Once the search confirms the availability of the trademark, the next step is to file an application with the Trademark Registry. In India, applications can be filed online or offline at one of the five regional offices (Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad). The application must include:
- The trademark itself (logo or wordmark)
- The name and address of the applicant
- The classification of goods or services
- The date of first use of the trademark
- A description of the goods/services associated with the mark.
3. Examination of Application
After filing, the application undergoes examination by a Trademark Officer. The officer checks for compliance with legal requirements and potential conflicts with existing trademarks. If there are no objections, the application proceeds to publication; if objections arise, the applicant has the opportunity to respond.
4. Publication in Trademark Journal
Once accepted, the trademark is published in the Indian Trade Mark Journal. This publication allows third parties to oppose the registration if they believe it infringes on their rights. A period of four months is provided for any opposition to be filed26. If no oppositions are raised within this timeframe, the registration process continues.
5. Issuance of Registration Certificate
If there are no oppositions or if oppositions are resolved in favor of the applicant, a trademark registration certificate is issued. This certificate confirms that the trademark is officially registered and grants exclusive rights to its use for ten years, after which it can be renewed indefinitely