A Complete Guide to Trademark Registration in India

Introduction

Said, Trademark Registration are distinctive characteristic indicators that are used to distinguish products or services coming from a certain business. They could be patterns, images, signals, or even facial emotions. It is crucial since it sets your items apart from your rivals. It could be connected to your company or a particular item. Trademarks are protected from infringement since they are considered to be intellectual property. The Trademark Act of 1999 protects trademarks and their rights.

One must register a trademark to benefit from trademark rights protection. It is crucial to register your trademark since doing so stops others from imitating it and using it incorrectly on other items. 

Trademarks, like the tick symbol for Nike or the jumping wildcat for Puma, help consumers recognize a brand and its value at a glance.

A trademark does not have a set restriction term like a patent. While a trademark registration expires after ten years of registration as opposed to 20 years for a patent, it can be renewed for another ten years. This procedure may be carried out indefinitely, which means that as long as you maintain renewing the trademark, it will not expire and remain covered by the Act’s protection.

Summary

Companies use trademarks to identify their brands, goods, or services. This may be a name, such as “PepsiCo,” a word, a sentence, a label, a number, or even a group of colours. In essence, it distinguishes a company or a product from others.

The Ministry of Commerce and Industry, Government of India, is responsible for trademarks in India. Trademarks are listed by the Controller General of Patents, Designs, and Trademarks under the ministry. And are given legal protection under the 1999 Trademark Act. Every business is required by this legislation to register a distinctive trademark as a distinctive identification for their registered firm.

Trademarking a Brand Name

By trademarking the name of your business, you are safeguarding your ideas, the brand, and its reputation—all of which you certainly spent a lot of blood, sweat, and tears developing. Nothing would be worse than failing to protect your brand and maybe being subject to an infringement action from a larger firm. The trademarking procedure itself will take time.

You may now easily and quickly register a brand trademark in India for any of the following items or even a combination of the items listed below:

– A letter, a word, a number, a phrase, a graphic, a logo, a sound mark, a combination of colours, or a smell

Trademark Registry

The trademark registry executes all the laws and rules governing trademarks in India as a working entity. The Trademark Act, approved in 1999, followed the 1940 establishment of trademark registration. Currently, the Act’s operational or functional entity is the trademark register. Or it may be said to be operating concurrently.

The registry of trademarks registers a trademark after being registered under the Trademark Act of 1999. Before registering a mark in this procedure, the registration will ensure it complies with all Act requirements. The trademark registration includes a head office in Mumbai and satellite offices in Delhi, Ahmedabad, Chennai, and Kolkata.

Are You Eligible to Register a Trademark?

Once the trademark is officially registered, the person whose name is included as the applicant on the Trademark Registration form will be identified as the trademark’s owner. Any person, business, or LLP may apply to register a certain trademark as an applicant.

How To Start Your Trademark Registration Procedure?

The Registrar of trademarks is responsible for trademark registration. There are a few procedures to take when you want to register a trademark.

Selection of a trademark: When choosing a trademark, remember that it should be a distinctive brand representing your organization. The second crucial aspect is figuring out which class you fall into. There are 45 categories of products and services under which a trademark can now be registered. Classes 1-34 cover products, and 35-45 cover services. The list of classes may be found here.

Mark search: Once you have decided on a mark, it is wise to perform a search to see whether it is comparable to any existing registered marks. You may accomplish this by visiting the Controller General of Patents, Designs, and Trademarks’ website. There is a public search option available on the website. After selecting this option, you must select your class and do an online database search.

The safer alternative is to get legal counsel, even if you must pay for it. Legal services will be less expensive if your trademark is challenged. They will assist you with the entire process, including the search.

Filing Application

A single application may be submitted for several classes, series, or collective trademarks. You must complete form TM-A for this. You can register a trademark for more than one class using this form. This form filing includes two distinct price tiers:

1. 9,000 or 10,000 rupees: You fit into this category if you are not a start-up, small business, or individual. If you submit the paperwork to the Office of TradeMarks in person rather than electronically, you must pay a fee of Rs. 10,000.
2. Rupees 4,500 or rupees 5,000
3. You fall into this category if you’re a start-up, a small business, or an individual. The fee is Rs. 4,500 for electronic filing and Rs. 5,000 for physical submission of the form.

Trademark Registration Documents

Avoid making errors when filling out the form as they might cause delays or the application’s rejection. You must complete all the fields and include a nine by 5 cm trademark image and the required information. You might need to attach five identical copies of the same document. The complete file must then be filed along with two duplicates.

Depending on what is most convenient for you, you can submit it online, by yourself, or through an agent. If filed electronically, confirmation of filing will be completed instantly; if filed physically, it might take up to 15-20 days.

Also Read: Conversion of Proprietorship into Company: Process

Trademark Registration Online Procedure

Step 1: Search the internet for a “wacky-enough” brand name.

• This is the quickest and easiest technique for any novice to develop a memorable, current, and intriguing brand name. Since most generic names would already be in use, choosing a weird and unique brand name is undoubtedly a sensible choice. 
• Additionally, choosing a specific name necessitates a short research procedure to ensure you are not selecting a brand name already in use. 
• The best aspect about this is that you may coin or develop certain terms using a combination of generic phrases to give yourself a distinctive brand name.

Step 2: Application for a Trademark Preparation

For online trademark registration, the following trademark registration documents must be supplied with the application:-

1. Business Registration Proof: In support of your registered business (such as a sole proprietorship or similar organization), you must show evidence of the directors’ identities and addresses. The address evidence for a corporation must be supplied in the case of individuals. PAN and Aadhar cards are acceptable forms of identification for sole proprietorship businesses to submit.
2. The trademark’s soft copy.
3. The proposed mark’s proof of claim (if applicable) may be utilized in another nation.
4. The applicant must sign a power of attorney.

Step 3: Completing a Brand Name Registration Application

• The two methods for submitting the registration application are manual filing and electronic filing (form TM-A). 
• If you select “manual filing,” you will have to manually travel to the Registrar Office of Trade Marks, located in major Indian cities including Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai deliver your application for registration. 
• After that, you must wait for the reception of the acknowledgement for at least 15 to 20 days. However, if you use an electronic filing system, you will obtain a receipt of recognition right away on the official website. 
• You can use your TradeMark (TM) symbol next to your brand name after you’ve received your recognition!

Step 4: Reviewing the Brand Name Application Procedure

• Once the application has been submitted, the Registrar of Trademarks will review it to ensure that all requirements have been met and that the brand name conforms with the law. 
• Additionally, there should not be any likeness to or identity with any already registered or pending trademarks. This is why we thought you should pick a unique brand name!

Step 5: Your trademark will be published in the Indian Trade Mark Journals

• Your brand name will be published in the Indian trademark journal following the inspection procedure by the Registrar of Trademarks. There should be no objection within three months, or 90 days (or 120 days in some situations), from the date of publication. This is unquestionably the most crucial phase of trademark registration. 
• The Registrar of Trademarks will proceed with issuing the Trademark Registration Certificate if there is no resistance.

Step 6: Opposition to Trademarks

• The Registrar of Trademarks will provide you with a copy of the notice of any opposition if a third party makes it within three months after the trademark’s publication in the trademarks journal. 
• You must submit a counterstatement in response to the opposition notice within a certain time. 
• You will be given two months to submit the counter statement, or the trademark application will be deemed abandoned and refused. 
• However, this phase will not apply to you if there is no objection within three months and your brand name is moving closer to being accepted for issuing a Trademark Registration Certificate.

Step 7: Hearing on Opposition to a Trademark

1. You will not be subject to this phase if there is no trademark opposition.
2. The Registrar of Trademarks will, however, provide your copy of the counterstatement to the third party opposing trademark registration if a third party contests your trademark and you deliver your counterstatement within two months.
3. Your trademark registration will be issued if the Registrar of Trademarks accepts your application. You and the third party must both provide supporting evidence for your claim. After filing the evidence, the Registrar will offer you and the third party the chance to be heard. The Registrar will issue a decision about the trademark application’s acceptance or denial following both parties’ hearing and considering the available evidence.

Step 8: The issue of the Trademark Registration Certificate

If no opposition is lodged during the allotted 90 days, the Registrar will accept your trademark application, or your trademark application will be accepted following a trademark opposition hearing. 

Wow! And when the Registrar provides the Registration Certificate with the Trademark Registry seal, this will be your happiest moment. You can use the registered trademark sign (®) next to your brand name as soon as you get your certificate. As a result, we believe that even a novice can comprehend everything about coming up with a brand name and effectively registering it after reading this blog article.

Status of Application

• You will be given an allocation number once confirmation that your application has been filed. With the help of this allocation number, you may check the status of the application online. 
• It will take time; if there are no filing issues, you won’t learn if your application was accepted or refused for 18 to 24 months. This might take longer if there is a problem.
• Since files are prioritized based on the submission date, the longer it takes, the more priority your application receives. 
• Another benefit of applying is that, after receiving your allocation number, you may still use the TM sign next to your mark even if it hasn’t been approved.

Registration

The Registrar will issue you a trademark registration certificate after your trademark has been accepted. This will formally vouch for your trademark’s registration and subsequent protection. From the application filing date forward, the registration will be valid for ten years. You can renew the trademark again once this time has passed. Renewal is possible forever.

Please Note: A trademark is only recognized and valid in India; it carries no guarantee of recognition outside.

Trademark Registration Fees

The cost to register a trademark is Rs. 5,499 for individuals and Rs. 11,499 for businesses. The above-listed prices can change. Contact Muds Management specialists for detailed price information.