A trademark is a unique mark or sign that represents a business, and it is used to distinctively identify a company from another and build its credibility among consumers. We always advise our clients to recognize all the IP Rights in the form of Trademark and register every Mark, Brand Name, Label, Product Name, Logo, Punchline, and the Domain Names as the Trademark in India for an effective remedy in case of misuse by any other person
Steps for Trademark Registration in India
1. Conduct public search of the Trademark
2. File TM Application at the earliest
3. Keep a watch on the application
4. Reply to all communication of TM Office
5. Remember to renew the Trademark every 10th Year
If a sound is unique to your business like the Airtel ring tone or ICICI jingle, then ensure to register it as Sound Mark
Preparation & Documentation for Trademark Registration in India
01
Selection of the Trademark : Stage - 1
Every business has several IPR such as trademark, logo, punchline, name of brands, domain name, product label, etc. However, such marks may not be eligible for registration as a trademark. Hence the first step should be to identify trademarks that qualify for registration under section 9 and 11 of the Trademarks Act, 1999, which prescribes for relative or absolute grounds of refusal of the trademark.
02
Trademark Search : Stage -2
After the identification of the marks of business, the next is to see if these marks are unique, and it should not conflict with someone else existing trademark or business name. Carry out a comprehensive search in the register of trademark, which is available online to find out if any same or similar marks have already been either registered or pending registration.
03
Trademark Classification : Stage - 3
There are 45 classes in which a trademark can be registered based on the activities for which the mark to be used, The Classes 1 to 34 pertains to goods whereas the classes 35 to 45 is for the service activities. One trademark may be used for several business activities and may fall under more than one category of the trademark. We recommend that applications for trademark must be filed in all such classes where even part of the activities relates.
04
Documents Required for Trademark Registration : Stage - 4
The list of documents required for filing a trademark application is provided in the documentation section on this page. Generally, authorisation to the trademark attorney, an affidavit in support of the user date as to be claimed in the application, is required. These documents are to be made on non-judicial stamp paper, which is further notarised. We shall support you in drafting the same, and for that purpose, the information may be given to us in the questionnaire.
Six Stages of Trademark Registration in India
01.
Start with search of trademark in available public database
04.
Draft and execute the usership affidavit and get it notarised
02.
You may request for a free trademark search by clicking below link
05.
Draft and execute attorney authorisation as per law
03.
Then fill the trademark questionnaire in full
06.
We are ready to file. All orders with complete documents are processed within 24 hours
Process for Trademark Registration in India
01
Filing of Trademark Application : Step - 1
We file the Trademark Application within 24 hours of documentation and full payment. The filing is done in an online environment, and in most cases, the acknowledgment of trademark filing is generated immediately. The applicant can use TM over the trademark after the generation of filing receipt acknowledgment.
02
Processing of Application at Trademark Office - Step - 2
After the application is filed, it is scrutinized for defects, if any, and based on the assessment the ™ office marks the application for further examination or declares the filing a pre scrutiny fail application, these kinds of errors are then required to be removed.
03
Examination of Trademark Application - Step - 3
The trademark application is then examined by an examiner of the trademark to see if the trademark is eligible for registration or not, after the examination of the trademark application is complete an examination report is issued with observations of the examiner.
04
Reply to Examiner Report - Step - 4
The examination report issued as per the previous step must be replied within a period of 30 days from the date of the issue of the examination report. The reply to the examiner report is significant drafting, which makes or breaks the trademark application. We urge applicants to assist us by providing maximum possible information and documents for the preparation of a reply to the Examination Report.
05
Show Cause Hearing - Step - 5
In most of the cases, the examiner may get satisfied after receipt of the written reply to the examination report. However, before any adverse disposal of the application an opportunity of personal hearing is granted to the applicant, this stage is known as show cause hearing.
06
Publication of Trademark - Step - 6
When the examiner is satisfied with the eligibility of trademark either at the stage of examination or show cause hearing, the Trademark application is published in the trademark journal. Any person may oppose the registration of the trademark, and in case no opposition is received within 90 days, the trademark gets registered.
07
Registration Certificate of Trademark - Step - 7
Finally, after the registration of the trademark, a certificate of registration is issued by the registrar of trademarks. The registration certificate is valid for a period of 10 years from the date of making the application. The registration of the trademark may be renewed for another term of 10 years for any number of years
FAQ's
What is trademark search and How to do it?
A trademark is registered by the registrar of trademarks only if it is unique and is not same or similar to any existing brand. The database of all registered and applied trademarks is available for public search. The applicant must search for an identical mark in the appropriate class of the TM.
What is Class of a Trademark, How to do trademark classification?
For Trademark Registration, the goods and services are classified into 45 different classes. The most recent change in TM Classification is done by World Intellectual Property Organisation (WIPO) on 1st Feb 2018. Classes 1 to 34 pertains to goods and classes 35 to 45 are for services. The protection of the trademark is legally enforceable only within the specification of a specific class of trademark for which it is registered. Some time one trademark and the goods or services associated with it falls under multiple classes, in that case, the application should be filed in all such classes.
Trademark Class and Classification,
Search your goods or service in the exhaustive list,
Link to NIC Classification Portal of WIPO
What is the meaning of TM or (R) sign?
The sign "TM", the TM Symbol is normally affixed to the right top corner of the mark, to represent its status as a trademark for registration of which an application has is filed. The sign " (R) is used after registration certificate of the trademark is issued. You must have noticed (R) and TM Marks on LOGO or nameplate of many companies.
"TM" - It is used when an application for Brand Registration, Trademark Registration, Logo Registration, Punchline Registration is filed.
"(R)" - This symbol is used when the Trademark Office issues the certificate of trademark registration
What are the pieces of information required to apply for Trademark Registration?
To apply for trademark registration, we need details of the owner of the trademark, communication address, type of mark, details of goods/services for which TM is in use or proposed to be used. All such information can be provided to us in a trademark questionnaire/Order Form.
What are the documents required to apply for trademark registration?
Owner of the trademark needs to authorise our panel of trademark attorney or trademark agent in the prescribed trademark authorisation form. It is like a power of attorney for trademark filing and departmental representation on behalf of the applicant. The owner of the trademark is also required to submit an affidavit sworn before notary public about the user dare of the mark. To download trademark authorisation and format of user affidavit for trademark, click on the type of applicant
What is the government fee for filing a trademark application?
The government fee for filing a trademark in India varies based on the type of the applicant. following the current slab of the government fee.
For Individual and HUF - Rs 4500/-
For Registered Startup under Startup India Initiative and MSME -Rs 4500/-
For all other applicants like companies/LLP etc. - Rs 9000/-
What are the different stages through which a trademark registration application has to go through?
Trademark registration is a long-term process, which differs on the merits of each case. In some case merely applying to the trademark registry is sufficient, while in some cases it is contested by the department or third parties.
What is Brand Registration, is it different from Brand Name Registration or Trademark Registration?
A trademark is something which connects the goods or services to the business which provides them. The process of registration of Brand Registration / Brand Name Registration is similar to that of a trademark registration or logo registration
