We all know that the Trademarks registration in India is governed under the Trademarks Act, 1999 read with the Trademark Rules, as amended from time to time.

Here we are going to discuss the basics of trademark registration in India.

What is a trademark?

A trademark can be a word, logo, tagline, phrase, symbol, design, brand or a combination of these things that identifies your goods or services. Trademarks, oftenly called as Intellectual Property Rights are becoming increasingly important since the customer identifies the goods or services with the brand names / trademarks of the Corporates / entities / firms.
A ‘trademark’ means a mark, capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others, and may include the shape of goods or their packaging and combinations of colours.
The word “trademark” can refer to both trademarks and service marks. A trademark application is used for goods, while a service mark is used for services.

How to do Trademark Registration in India?

A Trademark is registered under Trademarks Act, 1999 with the Registry of Trademarks in India.

The Head Office of the Trademarks Registry is at Mumbai and branch offices are at Ahmedabad, Chennai, Delhi and Kolkata.

One can file the application either offline with the office of its respective jurisdiction or an application can be filed online at www.ipindia.gov.in.

Form TMA has been prescribed under the Act.

Under which class do we need to file the Application?

An Applicant is required to file the Trademark application under the Class which is relevant to its line of goods or services.

e.g. an individual is dealing in cosmetics, then he/she will apply under Class 03 dealing with cosmetic goods.

Trademarks Act has specified 45 classes; 1-34 classes deal with different categories of goods and 35-45 classes deal with different categories of services.

Under which class an Applicant will file the Application in case, his goods / services falls under more than 1 class?

The Applicant will be required to file the Application i.e. form TMA for each relevant class so that he / she can claim legal protection for its brand / trademark under all relevant classes.

Is it mandatory to file separate applications for the same trademark under different classes?

No, it is not mandatory to file separate applications for each class.

An Applicant can file his trademark under different classes through one single application i.e. form TMA under Class 99. Class 99 represents Multiclass filing of the same trademark.

Is it advisable to file form TMA under Class 99?

The Trademarks Act, 1999 read with Rules, has given the privilege to file  a single Application for different classes under Class 99, but it is not advisable to file the same. Practically, the Applicant may have to face opposition for one class only but through this form, all classes are noticed by the Opponent and Opposition may follow all the classes or some of the classes, which is not a good bargain for the Applicant in long-run.

Is it required to do public search before filing the Trademark Application?

Yes, it is the most crucial part while applying for the trademark. On the portal www.ipindia.gov.in, the govt. has given the facility to do public search under the relevant class, so that we should file the application, only once we are satisfied that no similar trademark exists under the same class, to avoid future harassment / oppositions.

What is the fees towards trademark registration in India?

The applicable fees is Rs.4500/- in case of individuals, proprietorship firms, MSME entities (online filing). In case of off-line filing, the fees is Rs.5000/-.

In any other case, fees towards filing- Rs.9000/- (online) and Rs.10,000/- (in case, offline).

In case of filing a trademark under class 99, the application fees will be paid towards each class submitted through that form.

What is the validity of the Trademark registration?

 A trademark registration in Chandigarh is valid for a period of 10 years from the date of application filing.

How to check Trademark registration in India?

Once an Trademark application is filed in Form TMA with the Trademark Registry, the application is marked for Examination and if it is accepted, then it published in the Trademark journal for a period of 4 months and if no opposition comes, the Registrar shall issue a Certificate of Registration on Form RG-2. The certificate shall include the Trademark and the seal of the Registry. This Certificate shall be valid for a period of 10 years from the date of application. The status of the Trademark registration can be known on visiting the portal www.ipindia.gov.in. Under this portal, one can check the Trademark status and if the trademark is registered, then at the right top, there is Registration certificate, which can be downloaded by anyone.

Why trademark registration is important?

1. Trademarks are the most valuable intangible assets of any company / entity.
2. They provide unique identity to the entity.
3. They have the potential to generate huge returns to the Company, whether in terms of the product market or on licensing or assignment of the mark.
4. They offer legal protection to the Company, nobody can use the trademark which is registered in the name of an individual / entity.

Now the next immediate question that comes to your mind is how to register our trademark?

Brij Agnihotri and Associates, Company Secretaries, Registered Trademark Agents, Registered Valuers (SFA) are experts in legal matters corresponding to the corporate realm. They can offer you assistance as well as guidance and services such as that of company secretary, as well as in matters pertaining to company incorporation, LLP registration, apart from trademark registration. If you are looking for trademark agents for filing your trademarks / logo / brands, you must look no further. Their services are offered at a very feasible price which are in no way taxing or burdensome to your pocket, and solve your problem without extorting humongous sums of money from you. They help you get the ‘™’ symbol which stands for applied trademark or the ‘R’ symbol which shows that your product or services are registered. At Brij Agnihotri & Associates, quality services are assured and customers satisfaction is the priority.