There are plenty of questions that might be arising while you intend to register your trademark. This blog highlights the top 10 questions of the businesses seeking trademark registration in India.
Once the business decide to protect its brand, they begin with trademark registration and obtain trademark certificate of registration before the beginning of the business. Here are some of the frequently asked questions that can help you in the process.
1. What is the meaning of a trademark?
Usually, a trademark is a logo or a brand that you can utilize to differentiate your products from those of your rivals in the market. The term trademark is the legal term for the IP (intellectual property). You can also say that a trademark is a name, logo, word, symbol, image, design or combination of these components. A trademark recognizes the brand owner of a specific product or service.
2. What is trademark registration?
There is a definite registration process in India sanctioned under the trademarks act, 1999. With the help of trademark registration or logo registration, or brand registration, one can safeguard the brand or logo by limiting other people from using the name.
3. How can one get trademark registration done in India? What is the process for trademark registration?
- Here is the stepwise guide by which an entity or person can register a trademark.
- Choose or come up with a name/logo/mark for the particular product or company’s name;
- Choose on which name/mark/logo/device you intend to register as a trademark.
- Trademark search – the first step in this direction can be taken via trademark search to make sure whether there are any identical trademarks already registered or not. It would help you to overcome any grounds of rejection or refusal of a trademark application. You can conduct a trademark search online as well.
4. How to submit a trademark registration application?
Once you are done with the trademark search, a trademark application can be made with the trademark registry. This application can be made either offline by visiting the trademark office or online.
Inspection – once the application is submitted, the same will be examined by the examiner of trademarks. Generally, this process takes up to 12 to 18 months to complete. The examiner can also ask for clarification from the application if he/she finds any discrepancies, and the same has to be justified by the applicant.
Publication – after the examination, the same has to be published in the trademark journal. The publication’s purpose is concerning any opposition raised, if any, by any person or entity.
Registration – generally, after 3-4 months of such publication, a registration certificate is allocated by the trademark office. It is possible to renew a trademark post within the 10 years of its applicability which ensures continuous protection.
5. How much fee is one obliged to pay for trademark registration?
– When the applicant is a start-up/individual/small enterprise, the fees for E-submission will be Rs. Four thousand five hundred whereas, for physical submission fees will be Rs. 5000.
– In all the other cases of E-submission fees would be Rs. 9000, and for physical submission, it would be Rs. 10000.
6. Where should one apply for trademark registration?
The application for trademark registration can be filed personally at the front office counter of the concerned office or sent by post. These can also be submitted online via the E-submission gateway available at the official website.
7. Is trademark registration an online procedure?
Yes, the trademark can be registered online via an E-submission gateway available on the official website. Nonetheless, it can be submitted physically at the front office counter of the concerned office or sent by post. Moreover, it is highly recommended to hire business service professionals who can help navigate the right path for trademark registration.
8. How can one check the status of their trademark registration?
With the help of the following steps, one can check the trademark status;
Step one – go to the IP INDIA website.
Step two – choose national or IRDI number.
Step three – give trademark application number.
Step four – view trademark application information.
9. What are some of the required documents for trademark registration?
The needed documents are given below;
– Trademark’s soft copy.
In the case of a HUF or an individual.
– ID proof.
– Address proof.
– Business registration document (if any).
In the case of LLP/company.
– Shops establishment license.
– Company’s address proof.
– Certificate of incorporation.
In the case of the partnership firm.
– The partnership deed.
Besides the cases mentioned above, there are no specific documents to be submitted. Various forms for different types of applications have to be submitted for the registration of trademarks.
10. How much time would it take to obtain the trademark registration?
Trademark registration is a very lengthy and time-consuming process. It would take 18-24 months before completion, without any opposition or objection. Nonetheless, the trademark application number will be allocated within one or two days after submission.
Extra: Can one use the ™ symbol in their logo after the application for the trademark registration has been filed?
Yes, the ™ symbol can be utilized when the application for a trademark is made with a registry. The ™ symbol is hence used to indicate the fact that the trademark application has been completed and serves as a warning for infringers and counterfeiters.