A registered trademark helps differentiate products and services from others. It can be a device, label, name, word, or any mark. The Indian laws describes it is an asset for the proprietor and this should be protected by Trademark Registration.
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Trademark Registration India
A trademark is a unique identity or expression given to a logo, photograph, slogan, word, sound, smell, colour combination or graphics. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.
Trademark Registration India is done by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India. Registration takes place under The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark.
Once you complete the trademark registration process, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 4-6 months. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.
Benefits of Trademark Registration India
Guards the Commercial Goodwill
Advertises Goods and Services
Creation of an Asset
Documents Required for Trademark Registration India
The trademark filing can be done in 24 hours online.
There are a certain set of documents that need to be signed, scanned and sent to us.
- Signed Form 48- Form 48 is used to provide BharatRegister attorney with authorisation to file your trademark application.
- Identity proof of the trademark owner- It can be PAN card, passport or Aadhar card.
- Incorporation certificate (if its a company or LLP)
- Udyog Aadhar registration certificate- The government fees for trademark filing for companies having Udyog Aadhar is Rs. Rs. 4500. However, they have to pay Rs. 9000 to file is they do not possess an Udyog Aadhar.
- Logo, if applicable and available.
- Address proof.
Trademark Registration Process
1. Trademark application allotment
Once the trademark registration application is filed with the trademark registrar, a trademark application allotment number is provided within one or two working days. The application can then be tracked online. After obtaining the allotment number, the owner of the trademark can use the TM symbol next to the logo.
2. Vienna codification
The Vienna codification established by the Vienna agreement (1973) is an international classification of the figurative elements of marks. After the trademark application is filed, the trademark registrar will apply the Vienna classification to the trademark based on the figurative elements of marks. While this takes place, the trademark application status usually reflects as "with Vienna codification".
3. Trademark Examination
Once the Vienna codification is complete, the trademark registration application will be allotted to an officer in the trademark registrar office. The trademark officer would then review the trademark application for correctness and issue a trademark examination report. The officer will either accept the application and allow for journal publication or object the same.
If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the officer and address the objections. If the officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.
5. Follow Quick Process
Once the trademark registration application is accepted by the registrar, the proposed mark is published in the trademark journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. Once it is published, the public have an opportunity to object to a particular registration, if they believe their business will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks’ time. If the trademark registration application is opposed by a third-party, a hearing will be called for by the trademark hearing officer. Both the applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the hearing officer will determine if the application should be accepted or rejected. The decision of the hearing officer can also be challenged by escalating it to the Intellectual Property Appellate Board.
6. Trademark Registration
If there are no objections to the application, the trademark manuscript and trademark registration certificate will be prepared. Later the trademark registration certificate is issued, the mark is considered to be a registered trademark of the owner, granting the owner exclusive use of the mark. The Registered symbol can now be placed next to the logo.
Make Application in 3 Easy Steps
1. Follow Quick Process
- Spare less than 10 minutes to fill out our online Questionnaire
- Upload required documents
- Make quick payment through our secured gateways
2. Experts at BharatRegister are here to help
- Assigned Relationship Manager
- Consultation for right TM Class
- Trademark Search Report
- Drafting of Documents
- Preparation & Filing of Application
3. Start Using TM now!
- All it takes is 2 working days*
There are 45 different classes under Trademark Registration Application pas per NICE classification of trademark. Each trademark class represents a unique set of goods and services.
Here are a few reasons why trademark applications get rejected:
- The mark might be too generic
- The mark is similar to an existing trademark
- Might consist of offensive terms
- Common descriptive terms might be used
Once you've filed the Trademark Registration Application the ™ symbol can be used. After the trademark is registered, you can use the ® symbol.
The basic aim is that the trademark applied for should not be altered affecting its identity. But this is subject to changes which are permissible according to rules detailed in the subordinate legislation.
While selecting a Trademark name, you should keep in mind that it should be easy to recall and say it out. So, be as creative as you can with the logos, slogans, name and tune.
Avoid common names/ surnames and geographical places.
Tip: Do a market research to understand if the name you want is taken.
Trademark registration in India can be filed by anyone claiming to be a proprietor of a trademark
The trademark registration application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark.
Trademarks in India are regulated by The Trademarks Act, 1999 and The Trademarks Rules, 2002. These laws connection between the trademark and its user.
Under Section 22 of Trademarks Act, it is possible. Provided it is not a substantial change.
There is a possibility, if while registering your trademark was submitted without a bon fide intension and not used your trademark for 3 months before the date of application removal and,
if the trademark wasn't used for 5 years from the date of trademark registration.