Procedure to register a Trademark in India

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  • Trademark Process

A trademark, represents a brand value or goodwill of the Business and distinguishes the product/ goods/ services from the competitors existing in the market. It serves in increasing the goodwill of the business as the general public recognises a business by its logo or brand name, which we can link to the products used in our daily life. As we observe that people follow the trend of choosing the brands, which counts on the added benefits of Trademark Registration.

  • The Trademark owner can be an individual, business organization, or any other legal entity being a Partnership firm or a company, start-up, society etc.
  • The Trademark Ministry under Trademark Act, 1999 has prescribed total 45 classes which are further bifurcated into Goods and Services. The bifurcation is as follows:
    • Class 1 to 34 are prescribed for Goods; and
    • Class 35 to 45 are prescribed for Services.

Trademark Classes Infographic

  • Procedure for registering a trademark- the first step is Trademark Search:

The first step towards registration of a trademark is to make a trademark search with Trademark Ministry on www.ipindia.nic.in to check the availability of the Brand name under the concerned class. The most important thing about a trademark is that it should be unique and different from the other Trademarks applied or registered under the same class, else the Trademark Ministry does not accept the Application made, consequences of, which will be dealt in the another article.

  • After ensuring the availability of the Brand Name (Word mark & Logo), the next step is to apply for the Trademark Registration with the payment of prescribed government fees.
  • The documents required for making an application with Trademark Ministry are as follows:
    • Name, address, nationality of the applicant;
    • Certificate of Incorporation- In case of company/ LLP;
    • PAN card of the Applicant;
    • Date of any prior use of the trademark and supporting documents;
    • Power of attorney signed by the applicant;
    • Copy of a Trademark / logo in JPEG format.
  • After filing the application by paying the requisite fees to the government, the ministry will generate a challan which signifies the successful submission of the Application and allows the applicant to use ™ (the trademark symbol) with their brand name.
  • The trademark Ministry will make the check of the application under section 9 and 11 of the Trademark Act, 1999 and can raise a trademark objection in an examination report, for which the reply is to be filed within the prescribed time limit.
  • If no objection issued in the examination report, the registrar passes the trademark for advertisement in the Trademarks Journal.
  • In case of any Third Party Opposition, the applicant can file a reply within the prescribed time period in the prescribed format along with evidence in order to safeguard the application. (In case of filing or replying to the Third Party Opposition, please visit our website legalwiz.in or get advice from our Trademark Experts).
  • If there is no objection from Third Party after publication of the application in Journal within the period of 4 months then the Trademark gets registered in 6 – 7 months.
  • It can take at least 12-18 months in the registration of your Trademark. In case of any trouble with registration of the same visit legalwiz.in. After Trademark Registration, the owner of the Trademark can use ® (the registered trademark symbol).
  • The registration of Trademark allows the owner/ Applicant to restrict others from unauthorised use/ advantage from their Registered Trademark.
  • The Registration is valid for 10 years from the date of application and may then be renewed for a period of 10 years within 6 months of the due date of expiry of the 10 years.

About the Author:

Shrijay Sheth
Shrijay, co-founder of LegalWiz.in, is best known for his business acumen. On this platform, he shares his experiences backed by a strong understanding of digital commerce businesses. His more than a decade-long career includes a contribution to some of the highly successful startups and eCommerce brands across the globe.

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