How to register trademark in India? Step By Step Guide

How to register a trademark in India? Step-By-Step Guide

1. What is a trademark?

In Simple terms, a trademark is a unique symbol, graphical representation, letters, words, numbers, and colours used to identify a company's good or service. It distinguishes your product from other existing competitors. A trademark is generally associated with a brand of product or service.

A trademark is a type of intellectual property that protects brands and their rights under the trademark act established in 1999. Generally, trademarks help clients and customers recognize a specific brand, logo, or name. Examples include well-known brands like Nike and Puma.

To protect a trademark, it is essential to register it with the intellectual property trademark office of registrar. This helps prevent others from copying or misrepresenting your brand. 

Furthermore, it is necessary to provide a trademark for a brand name because, when offering a service or product, a company needs a distinctive name to represent itself and communicate its ideas to customers effectively.

 

Any combination can be registered as a trademark: letter, word, number, phrase, graphic, logo, sound mark, smell, or a mix of colors.

2. How to Register a Trademark?

In 1999, the Trademark Act was passed, which governs the functioning and operations related to trademark registration in India. To apply for a trademark, you must meet all the conditions outlined in the Act before registering.

3.Who can use a trademark? 

Any individual, company, or private limited company can file an application at the trademark registrar's office, either directly or through a representative agent. The person or entity listed in the application will be recognized as the owner of the trademark upon successful registration.

4. Online/offline trademark registration procedure 

Step 1. Before applying for a trademark, you must thoroughly research existing word marks, letters, and graphics. Ensure that your trademark is distinctly different and has a unique and creative name that sets it apart from others. You can mix words or create a combination that forms an original name for your brand, making it easier for customers to connect with it. 

It is essential to ensure that your trademark does not offend any religious sentiments and complies with the laws outlined in the Trademark Act of 1999.

Step 2. Start preparing for trademark application.

Please include the following mandatory supporting documents:

1. Type of business: Specify whether it is a sole proprietorship, partnership, limited liability company, or joint venture.

2. Identity proof of the business, including the address proof.

3. PAN Card and Aadhaar Card of the business owner.

4. Power of Attorney, if applicable, for the trademark agent or representative.

Step 3. Start by filling out the trademark brand application form (TM-A). If you choose to file manually, you will need to visit the trademark office, which is located in major cities such as Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. There, you will have to wait for 15 to 20 days to receive acknowledgment of your application. However, if you file online, you can receive acknowledgment instantly through the government's official website.

Step 4: Examination of Your Brand Name by the Examiner

During this process, the examiner will review your trademark application to ensure compliance with all conditions outlined in the Trademark Act of 1999. They will also check that your brand name is not similar or identical to any existing or pending trademarks. Therefore, it is often recommended to choose a unique brand name.

Step 5. Publication of Your Brand Name

Once the examination process is complete, the registrar of trademarks will publish your brand name in the Indian Trademark Journal. It is important to note that there should not be any opposition during the four months following the publication date, as this is necessary before the issuance of the trademark registration certificate.

Step 6: Trademark Opposition

If any person or third party files an opposition within a four-month period, the applicant will be served with a copy of the notice. The applicant needs to submit a counter-statement within two months of receiving the opposition notice. Both parties will then be called for a hearing, during which they must present supporting evidence. 

It is recommended that both you and the opposing party submit evidence in support of your claims. The registrar will provide an opportunity for a hearing regarding the trademark. Following the hearing, the registrar will decide whether to accept or reject the trademark application. If the trademark is accepted, the registrar will proceed with issuing the trademark certificate.

5. Term

The term of a trademark lasts for ten years from the date of filing. Once your trademark is approved, the registry will grant you a trademark registration certificate. You can renew the trademark after its expiry.

6. Fees

The trademark registration fee for individuals is 10000 rupees INR, which includes all applicable taxes. For companies, the application fee is 15000 INR plus applicable taxes.

7. Classes of Trademark

There are 45 different classes in which goods and services are referred to a specific category.