Trademark Registration Process in India
Contents
1. Trademark Registration Introduction
2. Procedure for Trademark Registration In India.
3. Conclusion
Introduction
Trademark registration in India is a process to secure your unique brand name (words, logo, numerals, slogan, etc.) in the Indian Territory. Trademark registration grants legal rights for the usage of a trading mark exclusively to the trademark owner as per the law.
Once the trademark registration is granted, it means that the trademark owner has all the rights to file a lawsuit against anyone who is using his mark without his permission under the trademark infringement case.
Trademark registration process in India includes multiple steps and throughout this process the trademark application is marked with different trademark status. Let’s have a look into the trademark registration process in India.
Procedure for trademark registration in India:
The trademark registration process begins with trademark public search.
Stage 1: Quick Trademark Search
Legal brother’s Delivery: The Same Day.
Step 1: select your proposed brand name.
Step 2: Do a public search online for your proposed brand name immediately. Know how to do a public search online. Public search gives you an idea if your proposed brand name is already taken/ registered with the trademark registry or resembles with an already existing trademark records registry. And also helps you to know the chances of your proposed brand name’s trademark registration. The trademark search can also be done offline by visiting the trademark office.
LegalBrother’s advice you to kindly do an online public search before visiting any trademark attorney or trademark agent to avoid any frauds or misguidance. In case you need help with the trademark search you may call our Trademark specialists team on +91-8006650569 to help you with the public search.
Step 3: Are you done with the trademark public search? Do you have the final brand name to be registered with trademark registry? If yes, then you are good to file a trademark application form. If No, you may call us for help on +91-8006650569.
Stage 2: File Trademark Form TM-1
Legal Brother’s Delivery: 1-2 days.
Step 1: Fill trademark registration Form TM-1 and submit along with the following mandatory documents.
- Chosen brand name or Mark for registration
- Trademark owner’s details
- List of goods or services for which the proposed trademark will be/is getting used.
Step 2: Submit the trademark application online or offline.
To submit the trademark registration application online a Class 3 DSC (digital signature certificate) will be used. But, to submit a trademark application offline, the applicant must sign the form properly along with his name written in clear letters.
Stage 3: Make the Payment
Government Fees for trademark registration per class:
Case 1: Individual/ proprietorship Firm/Startup/MSME
Total Amount: Rs.4500/-
Case 2: Others
Total Amount- Rs.9000/-
As soon as the payment is made and application is submitted, the applicant receives an acknowledgement having the trademark application filing date and trademark application number.
As soon as the payment is made and application is submitted, the applicant receives an acknowledgement having the trademark application filing date and trademark application number.
Stage 4: Use TM on your proposed brand name:
As soon as you are given a trademark application number you are allowed to use the Mark TM until it gets successfully registered or refused by the trademark registrar.
Stage 5: Examination Report issue:
(Time Taken: 3-6 Months)
In this stage the Trademark application gets reviewed by the registrar. Once the application has been submitted, the trademark registrar takes control of the process and examines the requested mark for formality check and objections. In this stage the trademark is examined for its similarity with the already existing trademarks and also checks it’s similarity with the already submitted trademark applications. The more unique the proposed trademark means the lesser chances of a trademark objection of the registrar which means the easier and quicker flow of trademark application. The registrar at this stage may either accept the application & advertise in the public journal or raise an objection as per the need.
Case 1: Objection Raised
The trademark registrar may raise an objection on the TM application to get clarity and evidence which may support the application and justify a few concerns. Post which, a 3 months’ time period is given to the trademark applicant for filing a reply with proper evidences to convince the registrar?
Reasons of a trademark Objection can be:
- Already existing trademark in the same class
- Already existing trademark in the same class but for different good and service category
- Use of obscene/unlawful mark, image, text etc.
- Already filed unprocessed submitted trademark application submitted before your trademark application, etc.
Action needed from the Applicant:
If you see that your trademark is objected by the registrar, then immediately talk to your advocate/attorney/agent to get your reply filed with proper evidences that supports your application against their concerns. And get your trademark reply filed within 3 months to avoid the trademark application from getting abandoned.
Case 2: No Objection- Accepted & Advertised
If in case, the registrar has no objection, the trademark registrar issues a letter of acceptance (TLA) to the trademark applicant. And the application is published in a trademark journal for public at large for a period of 4 months. During this period the trademark registrar allows the public to raise an opposition if the public see the published trademark resembling their existing trademark.
Case 1: Opposition not filed
(Trademark gets registered in 6-10 months)
If no opposition is filed within the 4 months period while the trademark was published in the trademark journal, then the trademark registrar will issue the trademark registration certificate within 6 to 10 months to the respective trademark applicant.
Case 2: Opposition filed
If an opposition gets filed within the period of 4 moths, then both the applicant and the opposition party will be invited to come on the scheduled dates of Show-cause-hearing in front of the trademark registrar to prove their evidences. This process may take a number of months until the case is resolved.
Stage 6: Trademark Registration
(Minimum 6-10 months if not opposed)
Once a trademark is registered, it is valid for 10 years post which the trademark owner will have to apply for a trademark renewal. In case the Trademark owner fails to apply for a trademark renewal, the trademark will get refused and the mark will be open to others for filing a trademark application.
Planning a Trademark Registration? Contact +91-8006650569 / +91-8506825901
