Trademark on a Name | How to File the Application in 7 Steps

 

The name and logo of a company help the brand or business to stand out in the market. It is the trademark on a name, logo that distinguishes an enterprise's goods and services from other similar services available in the marketplace. 

Customers recognise and trust a company's name and emblem. Thus, most businesses file for trademark registration online early.

In the world of business, competition is unavoidable. Only by strategically implementing company policies and plans that provide you with an advantage over your competition can you achieve success. 

The term "competition" refers to an increase in demand for a product or service that has resulted in a high level of competition.

 

How to File a Trademark Application?

 

1. Choose a distinctive brand name and logo.

How many steaming hot coffees would you need to come up with a unique name for your company? It may appear simple, but believe me when I say that you will have to use your brain for this one. 

Your business name cannot be trademarked with a simple term from the English lexicon that describes your service or product. For your business, the trademark should be distinctive and unique.

 

2. Perform an internet search

Even if done inadvertently, trademark infringement can result in substantial legal consequences. As a result, it is critical to conduct an online search to ensure that your company's trademark name and logo have not been used elsewhere.

The Indian Controller General Of Patent Designs and Trademarks is in charge of trademark registrations in India. 

To access an online trademark search database, go to their website. You can perform the search on your own or hire an expert to assist you.

A directory of trademark and patent attorneys practising in India is freely accessible online. You must enter the following information on the trademark search page:

• You've narrowed down your trademark options.
• Trademark Class (there are a total of 45 distinct classes to choose from).

Only when the search option says "no match found" can you move to the next step, indicating that your trademark is unique.

 

3. Complete the trademark application form.

You must file to register your trademark after establishing its distinctiveness. Download the Form - TM 1 trademark application form from the Controller General's website. 

The form will set you back INR 3500, which is a one-time payment due at the time of procurement. 

You must send the following documents with your application:

• If there are numerous owners, identity evidence of the directors, as well as proof of address, is required.
• Your product or service description should not exceed 500 words.
• A standard logo image of 9 x 5 cms

 

4. Submitting an application for a trademark registration

The trademark registration application can be manually filed or electronically filed. Manual filing entails submitting a trademark application form in person at one of the five Trademark Registry Offices, which are located in Delhi, Mumbai, Ahmedabad, and Chennai. 

After you've submitted your application, you'll receive an acknowledgement within 15-20 days.

E-filing is straightforward, and you will receive an acknowledgement of your application almost instantly.

 

5. Examining your application for a trademark registration

The concerned authorities will now evaluate the application to guarantee that your brand name is unique. 

The registrar ensures that the name does not clash with any current or pending trademark applications and that all legal requirements are met. 

This one will be easy-breezy for you if you really brainstorm to come up with a distinctive name.

 

6. Articles in Indian Trademark Journals

Your trademark name and logo publishes in a reputable Indian Trade Mark Journal if you successfully navigate all of the previous steps. 

It's time to rejoice if no resistance to your chosen company name is presented within 90 days or even 120 days in some situations.

 

7. Obtaining a certificate of trademark registration

Your trademark name and logo officially protects if the registrar receives no objections within the time limit. Finally, you will obtain a Certificate of Registration with the Trademark Registry's seal.

Woohoo! You've finally finished it. 

The entire process takes 15-18 months from the time you apply for a trademark to the time you obtain it. 

Your trademark name and logo are legally valid for ten years and can be easily renewed by paying a renewal fee.

 

Frequently Asked Questions

 

What is the best way to choose the right class for my trademark?

You should know the right class of trademark registration online in which the products and services are covered before submitting a trademark in India. There are 45 different trademark classes from which to chose for your trademark. The first 34 classes (1-34) deal with products, whereas the latter 11 classes (35-45) deal with services.

 

Why is it necessary to conduct a trademark search?

To ensure that you do not infringe on someone else's property rights, the clever TM Search will help you identify whether the mark you want to register for a product or service is lawfully available or has previously been used by another business. 

Finding the same mark in the same class would prevent your trademark on a name from registration.

 

How do you choose a trademark?

Choosing a good trademark is an important step in safeguarding your intellectual property. There are various types of trademarks in India, such as words, signs, colours, symbols, and shapes, but they must all be distinctive. 

The majority of people make blunders while selecting a trademark or brand name. To avoid making similar errors, adhere to the following guidelines:

• Mark should be able to tell the difference between products and services.
• It should be simple to remember and pronounce if your trademark is a word.
• It doesn't have to be descriptive.
• Do not use generic words as trademarks.

 

Is hiring an attorney for a trademark search required?

Although it is not mandatory to employ an attorney to conduct a free trademark search prior to filing. However, it is recommended to obtain expert assistance with the trademark search. You will receive a list of marks that are similar to the proposed mark, as well as an attorney's legal opinion on trademark registration options.

 

In India, how are trademark symbols used?

In India, trademarks denotes the letters 'R' and 'TM.' The trademark symbol 'TM' is a provisional symbol for unregistered trademarks, while the symbol 'R' denotes a registered trademark that can only use by the mark's registered holder.