An overview of trademark registration process in India
A trademark is a visual representation of the name, word, label, device, or numeral used to distinguish a business, its goods and / or services from other similar goods and / or services obtained from another business. The trademark serves as the exclusive identity of the goods and / or services an individual provides / sells from such other goods / services.An intangible asset or intellectual property for a business after the trademark is registered, which is used to protect the company’s investment in the brand or ideogram.
After the trademark registration, the owner can use the ‘R’ symbol and the said trademark registration is valid for a fixed period of 10 years. However, registered trademarks that have reached their expiration date can be easily renewed by applying for a trademark renewal application for an extension of another 10 years.
Documents Required
- Copy of the proposed logo in black and white
- Form 48 which is duly signed
- Copy of Passport, Aadhar and PAN
- Copy of the address proof
- For small scale industries Udyog Aadhar
- For partnership/LLP Scanned copy of the logo
- Form 48 duly signed
- Udyog Aadhar registration certificate
- Partnership deed/Incorporation certificate
- Copy of identity proof
- Copy of the address proof
Procedure for Trademark registration
Filing a trademark registration application in the process of obtaining a trademark registration, review of the trademark, publication or declaration of the trademark, objection (objections) if raised / found, trademark registration and trademark renewal after every 10 years.The process of registering a trademark is simple, however, it is easy and reliable to seek / obtain assistance from an expert trademark lawyer for the registration process.
Step 1: Search for the trademark
The applicant must be careful when choosing his / her trademark. Already, there are tons of different types of trademarks available, so once a trademark has been selected, it is imperative that the trademark be unique and that an open search be conducted in the database of trademarks available with the trademarks registry. There is no other trademark that is equal to or similar to his / her trademark.
Trademark Search reveals all types of trademarks already available in the registered or unregistered market. The search further reveals whether the applied trademark has competition for the same trademark.
Step 2: To file a trademark application
The application for trademark registration can be filed in a single class or multiple class, depending on the goods and services related to the business. The registration application form isTM-A, which can be filed online through the official IP India website or physically at the Trademarks office depending on the jurisdiction of the trademark.
The application for trademark registration should be supported by multiple documents with full details of the trademark for which the registration is requested. In addition, if the applicant claims to use the trademark in advance, the user must file a user affidavit in support of the use along with evidence of its prior use.
Step 3: Government authority to examine trademark application
Upon filing of the trademark application, the Examiner will issue a mandatory examination report after extensive consideration of the trademark application in accordance with the guidelines of the Trademarks Act, 2016. The examination report of the authority may not reveal any absolute, relative or procedural objections. This test report of the Trademark Authority will be issued within 30 days of the filing of the registration application. A reply to the examination report must be filed within a period of 30 days.
Step 4: Post test
After filing a reply to the examination report, the Examiner (Trademark Authority) may appoint an inquiry if the Examiner is not completely satisfied with the answer filed or the objections are not met. After the said hearing, the Examiner may accept this mark and then forward the application for publication in the journal. The examiner may also reject the said application if any objection persists.
Step 5: Advertising of the trademark
Once the registration application is accepted, the said trademark will be advertised and published in the Trademarks Journal for a period of 4 months. The aim behind the publication and statement is to invite the general public to file an opposition against the mark registration. The Journal of Trademarks is available on the official registry website, which is updated every Monday of the week.
Step 6: Opposition from the general public
Post the advertisement and publication of the trademark in the journal, any aggrieved person may file a notice of objection against the registration of the advertisement / published trademark. This notice against the trademark must be filed through Form TM-O within 4 months of the publication of the mark in the trademark journal. If the application for the trademark is contradictory / contradictory, a legal process such as filing a counterclaim, filing evidence and hearing to follow the trademark registration must be followed.
Step 7: Trademark registration
The final step towards the whole process is registration, where the application goes to the registration after overcoming the objection and / or trademark registration. Apart from this, if there is no objection to the trademark registration within 4 months of the announcement / publication period, the trademark will be given an auto-generated registration certificate within a period of 1 week. Once the registration is complete, it is valid for a period of 10 years, after which it needs to be renewed within a specified period.
Benefits of Trademark registration
The great advantage of having a registered trademark is that one can protect one’s brand and business by practicing the compassion of one’s business. In addition, having a strong brand serves as a direct link by ensuring that the customer and the product are trusted and that they are associated with the business for a long time.
Trademark registration gives credit to the source of good and service. A registered trademark guarantees quality good and the service assists in the promotion of registered trademark goods and services.