Step by step Trademark Registration Process in India

Trademark Registration is the legal process of officially securing exclusive rights to a distinctive symbol, word, or design associated with a product or service. It helps protect a brand from unauthorized use by others and establishes ownership of the mark.

The Trademark Registration process typically involves filing an application with the relevant government authority, such as the United States Patent and Trademark Office (USPTO) in the U.S., and meeting certain criteria for eligibility and distinctiveness. Once registered, the trademark owner gains legal recourse against infringement and can use the ® symbol to signify their protected status.

Using this trademark search, you may find out if your company’s name or symbol is similar to any other currently registered trademarks. To determine whether any similar trademarks have previously been registered in that particular class, the trademark agent or lawyer will perform this search with the Trademark office.

Price of a search for a trademark: Attorney cost according to the business; no government fees in India

Duration: One day

Create and submit a Trademark application

If the search indicates that your company name or logo is distinctive, the trademark attorney will create a trademark application based on the search findings. So, if any similarities are found you must modify your trademark. The TM symbol is available for use as soon as you submit a trademark application. The jurisdictional trademark registry must receive this manual or electronic submission.

The government charges INR 4,500* for individuals, startups, and small businesses, or INR 9,000* for large entities, per mark per class, for trademark applications. The cost of the professional may differ depending on the supplier.

Timeline: 1 to 2 days.

Trademark Examination and Reaction

The trademark examination of the registration application is carried out by a trademark examiner. After receiving such objections, the applicant has one month time to respond and comply with it. The majority of these objections may be avoided if your service provider anticipates them while classifying and searching for trademarks. This helps you to save a great deal of money and time when registering your trademark in India.

Trademark Examination and Reaction
  • Costs for Response to Objection:
    • No formal costs are collected; however, the professional charge is due according to the business.
  • Timeline for the examination:
    • One to two months after the application is submitted.
  • Response deadline:
    • One month from the examination date.
  • Opposition:
    • The application will be published in the trademark journal upon a successful contestation, and the trademark status will be accessible online. The public has a period of four months from the time the trademark is published in the journal to register an opposition if they feel that the registration would do them harm in any way. The registration period may be prolonged by up to four years through the opposition procedure.
  • Filing fee for a counterstatement and notice of objection:
    • The professional charge is determined by the IP business, and the formal price is INR 2,700* per trademark for each class.
  • Registration:
    • Within four months of the advertising date, if there is no resistance, then registration is granted. Ten years from the date of application, the registration is still in effect. The ® sign can be used on your trademark right away.
  • Registration Certificate costs:
    • The trademark office does not charge an official fee for digital trademark certificates. The certificate is readily available for download from India’s E-register website.
  • Timeline:
    • Usually published a few months after the advertisement’s date.
  • Trademark Renewal:
    • After registering a trademark in India, it must be renewed after 10 years by paying the required amount. It will be struck from the Register of Trademarks if it is not renewed in proper time.
  • Price to renew a trademark:
    • Official costs charged by the government are INR 9,000* per mark for each class, however, service provider-determined professional fees apply.

What are the documents required for Trademark Registration?

This category will give a brief ideam about the documents required to file trademark online.

Individual and Single Ownership

  • It is simple for anyone, whether they are an Indian national or not, to register a trademark in India:
    • Copy of the logo, black & white (Optional). If the logo is not supplied, a trademark application for the term should be submitted.
    • Form-48 must be signed. An applicant may authorise a trademark attorney to file a trademark application on their behalf after completing this Form-48.
    • The proprietor’s or individual’s identity proof.
    • Provide the individual’s or proprietor’s address proof.

Corporation, LLP, or Partnership

  • If the business is a Partnership Firm or an LLC, the owner would need to provide the following documents:
    • Logo Copies
  • Form-48 should have been signed.
    • The certificate of Udyog Aadhar registration.
    • Incorporation Certificate or Partnership Deed of the entity.
    • Proof of Signatory’s Identity
    • Address Signatory Proof.

Trademark Classes

The trademark class list is the most vital categorization that is based on products and services is a trademark classification. Trademark examiners and solicitors are knowledgeable about the trademark classes and organise paperwork, such as service marks and trademark applications, based on the range and nature of the products and services that are covered by the trademarks.

What is the International Trademark Registration Process?

  • Businesses may register their trademarks in numerous countries with a single application this was only possible because of the Madrid System, which facilitates international trademark registration.
  • The worldwide trademark registration process is supervised by the World Intellectual Property Organisation (WIPO), which guarantees a simplified and effective trademark registration process.
  • It is an economical and centralized approach to worldwide trademark registration as applicants may identify particular member nations where they wish to seek certain protection.
  • The worldwide registration under the Madrid System streamlines the maintenance and renewal of trademarks across various countries.

Common Trademark Registration Mistakes

Most of the common mistakes that are found in trademark registration applications are as follows:

  • Inadequate trademark search leading to mark conflicts with other trademarks
  • Misclassification of products or services can occur if proper care is not taken.
  • A hazy description of the mark.
  • Not meeting particular filing duties.
  • Incomplete data in the application.

To avoid making these errors, it is crucial to conduct thorough research, speak with an expert, and strictly abide by the application requirements provided by the applicable intellectual property office.

Steps for Trademark Registration for Startup

The trademark registration process of the startup is quite similar to the other trademark registration takes place.

  • Here is the overview of the trademark registration process for startups.
    • Look up Trademarks Online.
    • Choose the Correct Trademark Class.
    • Get the trademark application ready and submit it.
    • Respond to the Office Action and Examination.
    • Keep an Eye on and protect your Trademark after receiving the certificate.

Trademark Infringement Prevention

Here are certain steps to prevent the trademark from any sort of Trademark Infringement.

  • Keep a keen eye on the marketplace and internet resources to quickly spot any unauthorized usage of your brand.
  • Stress the uniqueness of the trademark and provide your colleagues and partners with education on how to utilize and protect it.
  • Use legal action if required to enforce your trademark rights by delivering cease-and-desist letters to those who are violating the rights of your trademark.
  • For more comprehensive protection, register your trademark worldwide if your company conducts business in various nations.
  • To guarantee complete and current protection, be conscious and update your trademark registration as your company grows.

Trademark Registration and Intellectual Property top of form

Registering your trademark will help you protect your brand identification by giving your company name, symbol, or other distinguishing features of legal exclusivity. Trade secrets, patents, trademarks, and copyrights are all considered forms of intellectual property that protect an organization’s innovation and creative assets. Maintaining a competitive edge in the market, avoiding infringement, and fostering innovation all depend on the efficient management of intellectual property.

Government resources for Trademark Registration

The Controller General of Patents, Designs, and Trade Marks (CGPDTM) is the government authority.

  • Official Website:
  • Online Application System:
    • E-filing Portal: Applicants can file applications and look after the trademark registration process online using the E-filing Portal.
  • Trademark Registry Offices:
  • Regional Offices: Several regional offices oversee trademark registration in India. On the IP India website, applicants can find information about the locations as well as contact data.
    • Legal Framework:
  • Trademarks Act of 1999: This legislation controls and protects the registration of trademarks in India. The IP India website has comprehensive details on the legal structure.Top of Form

Conclusion

In conclusion, the Trademark Registration Process is a crucial legal step for businesses seeking to secure exclusive rights to their brand identity, offering protection against unauthorized use and establishing ownership. Choosing a distinctive trademark, conducting a thorough trademark search, and navigating the application process with expert guidance are essential components of a successful registration journey.

Safeguarding intellectual property through trademark registration not only prevents infringement but also ensures a strong foundation for brand recognition and longevity in the competitive market.

FAQs
1. How to select the best trademark category for my company?

Selecting the appropriate trademark category necessitates determining the kind of products or services your company offers. Examine the worldwide categorization scheme and choose the class that most closely corresponds to your products or services.

2. How can I register my company’s trademark?

The process of registering a trademark entail creating an extensive application that includes a precise depiction of the mark, a description of the products or services, and submission to the appropriate intellectual property authority.

3. How to do a trademark search before registration?

To make sure your mark is unique, thoroughly check official trademark databases before submitting a trademark application.

4. What are the advantages of trademark registration for small firms?

Small businesses can benefit from trademark registration in several ways, including exclusive rights to the mark and legal protection against unauthorized use.

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