TRADEMARK REGISTRATION IN INDIA
Trademark is a sign, design, word, symbol, or expression which helps in the identification of the product. It is a unique symbol. A trademark helps in identifying a product belonging to a specific company and it also recognizes a company’s ownership of the brand. A business cannot use a symbol or brand name if it is similar to the one already existing.
Trademark registration is the registration of the symbols like a word, name, device, label, digit, etc. Registration of the trademark helps the trademark owner to safeguard his trademark. In this article we shall study the procedure to register a trademark in India.
Steps to register trademark:
Step 1- Find a name for your brand:
First, you will need to find an appropriate name for your brand. Find a whacky and quirky brand name that people find interesting and it can be the first point of attraction towards your brand. Don’t name your brand anything similar to an existing brand. You can search on the USPTO’s trademark database to check if it is already taken by some other company. In case, you are searching for the logo, you can look up to your design code using the USPTO’s Design Search Code Manual.
Step 2- Fill Form TM-A:
After you have finalized the name of your company, now you will need to fill in the trademark application, I.e. Form TM-1. The onetime fee for filing this application is INR 3500. The documents you will need to fill this application are-
1. A business registration concern.
2. Image of your brand logo in standard size.
3. Power of attorney that is to be signed by the applicant.
There are two ways to file the registration, either manual filing or e-filing. In case you are doing the manual filing, you have to personally go to any one of the offices of the Registrar of Trade Marks. These offices are situated in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. You will receive the acknowledgment and receipt of the filing within 15-20 days of the filing of the application. In case of e-filing the acknowledgment of receipt of the application is issued immediately after filing the application. After receiving the acknowledgment, you are free to use the proposed symbol right after your brand name.
In case the trademark gets rejected, the applicant can get a second chance of refilling the form without any further charges. If the trademark gets rejected the second time as well, you can start from the scratch.
Step 3- Examination of the brand name registration application:
The registrar checks whether the brand name complies with the law and is not similar to the existing brand or pending brand, after receiving the application. This is why you should choose a name that is different and quirky.
Step 4- publication in Indian trademark journals:
After not finding any dispute in the examination of the brand name registration application, the logo or the brand name is published in the Indian Trademark journal. If no opposition is received within 90 days or 120 days(in some cases), from the date of filing the application, the brand name will proceed to acceptance.
Step 5- Issuance of the trademark registration certificate:
If no opposition is received within 90 days, then the Registrar will accept the trademark application and issue a Certificate of Trademark Registration. Once the issuance of the certificate is done, you can now use the symbol next to your brand name. It takes between 15-18 days for the whole process of the registration of the brand name.
The trademark is valid for 10 years from the date of issuance of the Certificate of Registration. After 10 years you will need to renew the trademark.