PROCESS OF TRADEMARK REGISTRATION IN INDIA

We all know that the Trademarks registration in India is governed under the Trade Marks Act, 1999 read with the Trademark Rules, as amended occasionally.

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

What is a trademark?

A trademark application 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, sound marks, marks constituting a 3-dimensional sign, any name which is not unusual for trade to adopt as a mark. 

The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

How should we select our trademark for registration?

• In case, it is a word, it should be easy to speak, spell and remember.
• It should be unique
• Avoid geographical names
• Avoid descriptive words
• Conduct public search on the website ipindia.gov.in to avoid applying for a similar mark.

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 Trade Marks 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.

Form TMR is prescribed for the renewal of affordable trademark services.

What is the process of trademark registration in India?

1. File an application, online / offline, under the desired class.
2. Application Number is allotted
3. Application is examined, if objected, then Examination report is issued.
4. The Applicant is supposed to file the reply within 30 days
5. Show cause hearing is held, then either the application is accepted or refused.
6. In case, application is refused or abandoned, the Applicant has the opportunity to file the review application within 30 days of the order passed by the Registry.
7. On examination / show cause hearing, if the application is accepted, the trademark is published in the Journal for a period of 4 months.
8. In case after publication in Trademark Journal, if any opposition comes, the Applicant is required to file the Reply to Opposition within 2 months and further evidences need to be filed both by the Opponent and the Applicant. Once all the filings are complete, the matter is put up for hearing. In case, after hearing, the Opposition is allowed, the application is refused and in case Opposition is not allowed, then the Application is proceeded for registration.
9. In case after publication in Trademark Journal, no opposition comes, the Application is proceeded for registration and the Registration certificate is issued in the name of the Applicant.
10. The registration is valid for a period of 10 years, then the Applicant is required to file for renewal in form TM-R.  

What is the filing fee towards trademark registration and trademark renewal?

• 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).

• For filing for renewal of trademark, the fees is Rs.9000/- (online) and Rs.10,000/- (offline), in all cases.

Why trademark registration is important?

1. Trademark 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.
5. Brand itself is the seal of authenticity
6. It serves as a badge of loyalty and affiliation
7. It enables the customers to make a life style of their wishes.
8. It creates an image for the goods / services in the minds of consumers.

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.