Trademark or Brand Name signifies the Business or Companies product mark it can be in form o LOGO, NAME, a combination of LOGO and Name even it could be a combination of the shape of goods and color so we can say that trademark means an identity who make a difference between two or more goods or service. Trademark also work as one’s identity in the mind of customer related to your product or brand. It also works as a guardian who protects your business mark from being copied by your competitors. Trademark also serve as business goodwill and property since it protects from being copied of your brand name In India registration of trademark certificate is granted and approved by Controller General of Patents Designs and Trademarks.
Ministry of Industry and Commerce, Government of India, has granted the power to Trademark department to accept all trademark-related application and issue trademark registration. You can file your trademark registration application as per provision of Indian Trademark Act, 1961. In Indian trademark department has provided online as well as offline facilities. However, filling offline applications is costly as well as time taking process, so it is the advisable file your trademark registration application online. Trademark has five offices all over India to facilitate the trademark registration across India. Those five offices of trademark located in Delhi, Chennai, Kolkata, Mumbai and Ahmadabad.
On the successfully filing of trademark application of your brand name or logo, you can use the symbol of TM with your brand name until trademark department issue you a registration certificate and on the issue of the registration certificate of trademark you can use the sign of R in circle ®. One’s trademark registration is granted; it is valid for ten years. This ten years counted from the date of application not form the date of issue of the certificate of trademark for example if you have filed your trademark application in the year 2015 and you received your trademark registration in the year 2018 the date of validity will be counted from the year 2015 not form the year 2018. You can renew your trademark application on or before the expiry of 10 years after filing of trademark renewal fee.
- Trademark is the Business mark.
- Trademark can be logo, name or combination of logo and name.
- Trademark registration application can be filed online or offline.
- In Indian trademark registration is issued by Controller General of Patents Designs and Trademarks.
- Controller General of Patents Designs and Trademarks has five offices across India.
- Trademark office located in Delhi, Mumbai, Kolkata, Chennai, and Ahmadabad.
- One can file an application for trademark registration online across any office using a trademark website.
- Trademark website is http://www.ipindia.nic.in/.
- One trademark registration application filed trademark department takes 7-9 month to issue trademark registration certificate.
- All trademark registration certificates issued online.
- Trademark registration is valid for ten years.
- Trademark validity is counted from date of trademark application.
- Trademark can be renewed on or before the expiry of 10 years.
- Trademark renewal application is filed can be filed on or before the expiry of 10 years.
Trademark application filing and registration process
Who can file trademark application?
Before filing trademark registration application under the Trademark Act of India, you have to know first types of the applicant who can file trademark registration form. Indian Trademark Act recognized four types of the applicant who can file trademark act in their name, and those applicants are as follows: –
- Individual/Sole Proprietor or Startup
- Small Enterprises
For filing of trademark application or registration of your brand name in India, you must be anyone forms these four types of the applicant and if you are a corporation registered outside India or Non-Resident Company you have to choose applicant as OTHERS and you can file trademark registration application by the help of Indian trademark agent.
Trademark application form TM-A.
TM-A or trademark filing form is the unique web-based form it means you have to fill trademark application form online using the trademark portal www.ipindia.nic.in. Form TM-A has many features such as autosave, addition or deletion of the applicant, state name verification clause, and you can add multiple of the applicant in a single form.
Information and list of Documents you need to keep with you while filing of trademark application TM-A.
Ones you start filing of online trademark form TM-A you have first to choose types of applicant. On the successful selection of the kinds of the applicant, you have to select and fill the trademark class as per your area of business operation or product. Under the Indian trademark act, there is a total of 45 classes. Every class has its own identity and unique status. These 45 classes are divided into two parts. Part A is class 1 to 34, and Part B is class 35 to 45. Class 1 to 34 is for goods, and class 35 to 45 is for services. So if you the manufacturer of good or product you have to form class 1 to class 34 and if you are a service provider then you have to choose class 35 to 45 as per your business details.
After successfully filing of trademark classification TM-A will generate a Temporary trademark application number that is valid till payment. Now you have to add proprietor details in the trademark application form TM-A. Here proprietor means trademark applicant. In proprietors details column, you have filled the following information: –
- State (Only for Indian resident applicant)
- Email ID
- Category of the applicant.
- District (only of Indian resident applicant)
- Phone number and
- Leal Status of applicant