What are the Steps Involved in Trademark Registration in India?
Trademark Registration Process
Step 1: Trademark Search
Step 2: Filing Trademark Application
Step 3: Examination / Hearings
Step 4: Publication / opposition
Step 5: Registration Certificate
Step 6: Renewal
(If we are talking about steps)
Violations of the owner’s rights can harm the reputation of the brand and impede business. When it comes to guard rights, decisive action is required. The registration of a trademark grants the owner an exclusive right and distinguishes the product from similar products from other businesses. Trademarks serve as intangible assets for the owner, providing long-term protection for the brand. The owner of a trademark has the exclusive right to use such words, logos, and slogans. Brand protection and safety are critical in a market like India. As a result, Trademark Registration in India is required rather than optional. So, in this article, we’ll go over how to register a company’s trademark in India.
What is Trademark?
A trademark is a word (word name) / colour / logo (device mark) / shape of goods / sound mark / three dimension that you use to differentiate your product from the products of competitors. In other words, a trademark is a word, phrase, logo, symbol, design, image, or a combination of these elements that identifies the brand owner of a specific product or service. A trademark is something that gives a service, product, or business a unique identity.This identity helps them stand out from the crowd. A distinct identity can be graphics, photographs, slogans, logos, words, color combinations, smells, or sounds that distinguish a company’s products or services from others on the market. A trademark can be registered by an individual, a company. The person whose name is entered as the applicant on the registration form will be the owner of the trademark once it is registered.
What is trademarking a brand name?
A trademark is a visual symbol, such as a word, name, number, label, logo, or colour combination. It is a distinguishing feature that allows customers to identify a specific brand or company. The law governing trademarks and their registration is governed by the Trademark Act of 1999.
Online trademark registration grants the entity exclusive rights to use the trademark, preventing any duplication or exploitation by other companies. Most businesses, on the other hand, seek to register only their name or logo on anything unique that they fear will be misused by the market if not properly regulated. A registered trademark is a business’s intangible asset or intellectual property that helps it build brand connect and brand recall among its customers. When we trademark our company’s brand name, we protect our idea and the image that we have created through our hard work. We can register a letter, word, number, phrase, graphics, logo, sound mark, smell, or a combination of colors as a trademark.
What is Trademark Registration?
Trademark registration is a legal process established by the Trade Marks Act of 1999. You can protect your brand or logo by registering a trademark, also known as logo registration or brand registration, which prevents others from using it. You obtain ownership of the logo, name, or brand by registering a trademark. To protect their logo from third-party infringement, a company or individual must go through the trademark registration process in India. Registration of a trademark also grants the owner the exclusive right to use the mark in connection with its products or services.
How does a trademark get registered in India?
Steps Involved in Registration
Online Trademark Registration in India is simple and clear. Advances in technology have made it possible to complete the registration process from the comfort of our own homes. To apply for registration, you can seek the assistance of a trademark attorney. Trademarks in India can be registered both online and manually. The main difference is that in the manual application, you must go to the Trade Marks Office and fill out the form there. A trademark registration grants the owner the right to sue anyone who uses his logo, symbol, or name without
permission. The owner will have legal protection. Trademarks are critical to business success. When registering it in India, a series of steps must be taken.
Step-1) Documents Needed for Registration
A form is completed and submitted to the appropriate officials. Once the application has been approved, the documents must be assembled. Following confirmation, the owners use the TM sign. Evidence of Business Registration requires the following documentation:
- Proof that the proposed mark may be used in another country must also be submitted.
- The owner must sign and submit a power of attorney.
- An application form that has been properly completed must be submitted.
- In the case of a sole proprietorship business, the applicant’s details, id proof of the proprietor such as name, address, and nationality, PAN card, Aadhar card, and other documents may be submitted.
- Businesses must provide address proof.
- Your company’s nature, purpose, and location.
- In the case of a corporation/small business/startup/other: – MSME, COI, and a partnership deed if it is a partnership firm.
Step-2): The cost of the process
Trademarks involve numerous steps. At each stage, different amounts are charged. Trademark searches may cost you between Rs.500 and Rs.2500 per trademark per class, plus a professional opinion, depending on the lawyer or professional you hire. While filling out the application, the official fees per mark per class that is required online range from INR 4500 to 9000. If your application is rejected by the Trademark Registry, Professional may charge fees ranging from Rs.1499 and upwards per trademark per class with no official fees and a time period of 1 to 2 months from the date of filing. This may differ for different professions, which may charge more or less depending on their experience.
Step-3): Choose your unique brand name registration
Once you apply to the government website online, you will receive your acknowledgement immediately on the government website. After receiving your declaration, you will be able to use your Trademark (TM) symbol alongside your brand name. This may appear to be a simple task, but it is the most important task for any businessman. The trademark must be carefully selected or created. This is due to the fact that once a trademark is created, it cannot be changed. The process of changing later will be time-consuming and expensive. You don’t want to go in there. As a result, it is recommended that the trademark creation be satisfactory. It is critical to conduct a trademark search after you have created your trademark.
Step-4): Trademark Search
After deciding on a trademark, conduct a trademark search to see if it is unique. If another person has already registered a similar or identical trademark, you must modify or change yours before proceeding. The classification process can begin if the trademark is found to be unique and free of offensive or specifically protected emblems.
Step-5): Classification of Trademark
The Trademark Registry has 45 classes. To determine which class your company belongs in, go through the entire list of classes. The trademark allows your product or service to be classified under various sectors. Each of these areas is referred to as a class. Some of the classes include Chemicals, raisins, and plastics are classified as class 1. Class 2 includes paints, varnishes, and lacquers. Class 3 includes bleaching preparations and other laundry-related substances, while Class 4 includes industrial oils and greases. Thus, if you intend to create a chemical brand, Class 1 is for you, or you can choose any other class based on your business needs.
Step-6): Making the Trademark Application Form
After you’ve decided on a class, the next step is to create the application form. Some of the documents mentioned above, such as business identity proof, trademark copy, proof of claim, and power of attorney, must be submitted with this.
Step-7): Filling out the Application Form
In the case of e-filing, the acknowledgement can be received immediately after the form is completed. You can now use the Trademark symbol (TM) after receiving acknowledgement.
Step-8): Examining the Logo and Brand Name
The Trademark Officer verifies the information in the application and determines whether the case is in accordance with the rules and guidelines established by the Controller General of Patents, Designs, and Trademarks. If the trademark officer discovers any problems or requires additional information, he or she will issue a trademark objection notice. You must respond to the notice within 30 days of receiving it, providing adequate justification and proof. The trademark will be published in a journal if the officer is satisfied with the response. If not, they will schedule a hearing at which you must present your case through a trademark attorney.
Step-9): Publication in the Trademarks Journal or Advertisement
After the examination process is completed, the Registrar will publish your registered trademark in the Indian Trademark Journal. After it has been reviewed, your trademark will be published in the Indian Trade Mark Journal. This is a necessary step in the trademark registration process, and if no opposition should be filed within 90 days or, in some cases, 120 days of the date of publication.
Step-10): The registration of a trademark or the issuance of a trademark registration certificate
The registered trademark symbol can be used alongside your brand name as soon as you issue your certificate. If no oppositions are filed within the 90-day period, the Registrar will accept your trademark application. The Registration Certificate, which bears the Trademark Registry’s seal, is then issued by the Registrar. You can now use the R symbol next to your brand name. After 15-20 days, you will receive an acknowledgement of the form.
Step-11): Time Required for Registration Application Status
After receiving confirmation of the application’s filing, you will be assigned an allocation number, which can be tracked online. That will take some time, and assuming there are no problems with the file, you will find out whether your application was approved or rejected. The trademark registration process takes approximately 1.5 to 2 years. The Trademark symbol is available within 3-4 days of application, but the R symbol takes approximately 2 years to obtain.
A trademark has a 10-year validity period from the date of application. It is renewable for a period of 10 years as many times as you want, but only once before the term expires. If the renewal is completed within the last year, a surcharge will be applied. Getting the help of a professional is part of the renewal process.
This can be done six months before the expiry date. The renewal extends the protection of your trademark rights for another ten years.
Your brand is your most valuable asset, and trademark rights are perpetual. Obtaining a Trademark Registration in India is most likely the most difficult task. It can take years to get your trademark registered, but the effort is well worth it. This is an investment in your company. There are numerous steps and a significant amount of money involved in the process. If you are a beginner, trademarks may not be necessary. You must exercise extreme caution when selecting your brand’s logo or symbol because there is no turning back. Once your symbols have been registered, changing them is extremely difficult. As a result, it is advised to choose or create with caution. Many businesspeople in India are aware of the trademark policy. Only a few people are fully aware of this. People are becoming more aware of this. It is critical that they are aware of trademarks. So, in the preceding article, we specified how one should choose a different process to register his or her trademark for the company. If you have anything to add to or comment on this article, please leave a comment below or contact me by email.