Trademark registration process in India

 

Before knowing the trademark registration process in India, first, we should know about the trademark.

 

What is a trademark?

A trademark is a term that refers to a symbol, name, title, logo, or design that represents a product or service, or enterprise. Trademark is a type of intellectual property right. 

Types of Trademarks 

1. Product Mark: A product mark is applied to identify and maintain products. 
2. Service Mark: It is applied to identify services. 
3. Collective Mark: This type of mark is used by a group of individuals that collectively protects goods or services.
4. Certification Mark: The main purpose of this mark is to bring out the standard of the product and guarantee the quality of the product to the customers. Certification marks are usually on foods, toys, and electronics items.
5. Shape Mark: used to protect the shape of the product so that the customers find it relatable to a certain manufacturer and prefer to buy the product. 

 

Steps of Trademark Registration

You can register your trademark by yourself online at "ipindiaonline.gov.in". Also, you can search for the trademark registration process in India and take help from experts. 

 

According to the government fee for trademark registration are Rs. 9000 per application per class for company and Rs. 4500 per application per class for an individual.

·         Step 1: Trademark Search

After choosing the mark for your business, it is important to look or search for a similar mark to check whether your chosen mark is unique or not. The key requirement for trademark registration is that your selected mark should be unique and original. You can search the trademark by yourself through online websites "ipindiaonline.gov.in". On this website, there is an option for public searching. You need to provide the required information and choose your mark class and search, it will show the results. 

·         Step 2: Sign up

Register yourself at the trademark site. for signing up you have to submit your personal information like name, address, phone number, nationality, type of company, fax number, email address, and legal status. Apart from the personal information you have to generate and upload code and digital signature on the site to complete your registration.

·         Step 3: New Form Filling

After successful registration on the site, you can apply for the new application form. You can fill the form in more than one application for multiple classes or trademarks, or collective trademarks. To fill the form in multiple classes choose the TM-A option in the form registration.

·         Step 4: Payment

Registration fee is different for different scales of the company. The website provides multiple ways to pay like net banking, UPI, debit, and credit card. There is two range of fee: 

Rs. 9,000-10,000 fee - Owner needs to pay 9,000 (for online form) or 10,000( for physically filling the form) if he/she owns a large enterprise or a partnership business.

Rs. 4,500-5,000 fee- A sole owner having a small business or a start-up needs to pay a fee of Rupees 4,500 for online form filling or Rupee 5,000 for physically form filling at the office.

·         Step 5: Examination process

After the successful dispatch of the application form, your product undergoes examination by the registrar of the trademark. It checks whether your mark fulfils the requirement to be trademark. A mark should be unique or shouldn't have any similarity with other brands. This process can take around 12-18 months. Then examination report issues after 30 days. If your mark does not fulfil all the requirements then you are given some time to complete it then you can proceed to publish your mark. 

·         Step 6: Publication: 

The last and major step is the publication of the mark in the Indian trademark journal. It is the final and most important step because this step decides whether your mark is acceptable to the audience or not. If there is any kind of oppose by anyone within 3 months then your trademark rejects or either abandons and sent to court for a legal hearing. If there is no objection then the mark accepts for the further step which means it is proceeding towards the trademark registration certificate. 

 

What is the importance of the trademark?

Now, after learning the trademark registration process in India, let us learn about the importance of trademarks.

• Trademark value increases with an increase in business. So, if your business grows, your trademark also grows in value. 
• Trademark protects your brand from unauthorized users, as you are the owner of the mark, it only belongs to you, and you can take legal action against those who try to steal or use it.
• Apart from legal rights, the trademark also gives a unique identity to your products and services with helps your product to stand out.
• Trademark helps in targetting your customers and also makes a brand value for your product. A unique logo will help to identify your product. Also, it is much easier for customers to remember your product.
• Lastly, once registered trademark lasts for ten years. After that, you have to renew it, but the brand remains forever.

 

What can and cannot be trademarked?

A unique word, name, logo, shape, colour, or design representing a product or service can be registered.

Any word or symbol which hurts the beliefs or feelings of any person, government symbol, any word or logo which already exists or is under copyright cannot trademark.

 

 

Status of the application

After the Trademark registration process in India, the application goes through different checks.

Accepting the confirmation notice of trademark application, you will receive an allotment number for the same. You use this allotment number to check the application status. Application status will show you the current status of your application. In 18-24 months, You will get to know whether your application approves or rejects. 

A Trademark registration certificate is provided to you only after the approval for your mark. This certificate will protect and maintain your mark only for ten years after that you have to renew it again. The noteworthy fact is that this registered trademark is valid only in India not internationally. Which means it can protect and maintain your brand in India only.