Understanding Trademark & its Registration Process in India

Published On: Jun 16, 2021Last Updated: Feb 23, 20247.8 min read

Introduction

Trademark is a vital asset for any company. It helps you protect your brand and grow it simultaneously. It also helps your products and services become easily identifiable for the consumer. Going for Trademark registration, also called logo registration, in today’s day and age is a no-brainer. But how do you go for Trademark registration? what is the trademark registration process in India and what are it’s benefits? Also how long does the logo registration process take? in this article we will answer all of your questions and also provide you with a trademark registration process step by step guide. So, let’s dive into the world of Trademarks.

What is trademarking a brand name?

A Trademark is a visual signifer that represents our brand. It’s what lets the consumers differentiate our goods and services from that of someone else’s. When we go for through the Trademark registration process in India, we take a step towards protecting our company’s brand name and the image that it has created through our hard work. Now coming to what can be Trademarked, here is a list of common things you can Trademark:

  • Letter
  • Word
  • Number
  • Phrase
  • Graphics
  • Logo
  • Sound Mark
  • Smell or a mix of colours. 

Who is eligible for the trademark registration process?

A trademark can be registered by an individual, a business, or an LLP. In the registration form, the entity whose name you put down as the applicant, will be the trademark owner once it is registered.

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Checklist before you go for Trademark registration process

Choosing a trademark

Before you start the Trademark registration process, it is important to pick a mark. The mark representing your company should be distinctive and unique in itself. The next important thing is to understand the class under which the trademark would fall; At the moment, it can be classified as 45 different types of goods and services. Classifications 1–34 are for products, and 35–45 are for services.

Another vital thing to do before you begin your trademark registration process is to conduct Trademark search. It helps you know if you have successfully chosen a suitable mark for your company, you should search to ensure that your chosen print is not similar to an already registered mark. You can either do this by navigating to the online website of the comptroller general of patents, designs, and trademarks. On the website, you would be able to find an option to do a public search. Once you click on this option, you need to choose your class and search the online database.

Online trademark registration process step by step guide

Step 1: Documents Required for logo registration process

Here is a list of documents required for Trademark registration process:

  • Firstly, you need proof of Applicant
  • Secondly, brand Name/ Logo/ Slogan are needed.
  • Thirdly you require documents showing Proof of TM Use
  • Additionally, an MSME/ Start-up India Certificate, if they have one. (Gives access to 50% rebate of trademark application cost)
  • Power of Attorney (TM-48)
  • Board Resolution: Private limited as well as public companies can only apply for a Trademark after receiving the approval.
  • User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit.

Step 2: Applying for brand name registration

Once you apply to the government website online, you will receive your acknowledgement instantly on the government website. Once after receiving your declaration, you will be eligible to use your Trademark (TM) symbol beside your brand name.

Step 3: The Examination process of the brand name application

Once the application is confirmed, the Registrar will verify that you adhered to the specific restrictions governing the use of your brand name, as well as current law. Additionally, there should be no conflict or dispute between any existing or pending brands for registration. This is the most important step in the Trademark registration process.

Step 4: Publication in the Trademarks Journal

The Registrar will then publish your registered trademark in the Indian Trademark Journal following the conclusion of the examination process. That is an essential part of the trademark registration, and there should not be any opposition within three months (i.e., 90 days) or 120 days, in some cases, from the date of publication. Then your brand name would proceed towards acceptance.

Do you know that someone can infringe your trademark to use it for their benefit?
Read about 5 Famous Trademark Infringement Cases

Step 5: Issuance of the trademark registration certificate 

This is the final step in your Trademark registration process. If no opposition is filed during the stipulated 90-day time, the Registrar will accept your trademark application. The Registrar then issues the Registration Certificate, which bears the Trademark Registry’s seal.

Step 6: Final Registration

Following receipt of the trademark registration certificate, it will certify that your trademark has also been registered and is now protected. The registration is valid for 10 years from the date of application filing. After this period, they may re-register the trademark. It is entirely renewable indefinitely. Right from the moment you have issued your certificate, the registered trademark symbol R (®) can be used beside your brand name.

Advantages of Trademark Registration:

There are various advantages you get after finishing the trademark registration process. Here are the main benefits of trademark registration:

  1. The first is after registering your trademark you get the exclusive right to use that trademark. What that means is nobody else can use your trademark to sell the same or related goods and services that you sell. Additionally, people are also barred from using trademarks that are very similar to your trademark for selling the same or related goods and services.
  2. Additionally, a registered trademark is an asset in itself. You can license and even sell that trademark later. Because of this, a registered trademark also increases the value of your brand.
  3. When a business has a registered trademark, it shows that the business is serious about its brand, it helps consumers trust the brand and its products.
  4. Most importantly, when your trademark is registered, you can easily take legal action against anyone who tries to use a similar or identical trademark.  Unregistered trademarks, when faced with somebody else using a similar or identical Trademark, that is infringing on their trademark, have trouble proving that they were the first user of the trademark.
  5. Finally, a registered trademark makes it easy for you to grow your brand and grow your consumer base because they can easily identify you in the market. It helps you gain goodwill.

Checking Application Status

Once you have received confirmation of the application’s filing, you will be assigned an allocation number that can be tracked online. Trademark registration takes a bit of time. Assuming there are no issues with the file, you will learn if your application has been approved or rejected in 18-24 months. It’s is important to check TM status from time to time to ensure your application can be filed on time.

Fees & Cost for Brand Name Registration

After finishing the Trademark registartion process, comes paying the fees. It carries two types of costs, that is Government Fees and Professional fees. The entity that applies for a Trademark, it’s business structure decides their government fees. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration).  Then comes Professional Fees, this varies from service provider to service provider.

Here are LegalWiz.in’s professional Packages:

Business Package from INR. 6,499

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Applications for Individuals or Start-Ups or Small Companies

Executive Package from INR. 8,199

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Application for Individual or Start-Ups or MSME
  • MSME Certificate

Premium Package from INR.10,999

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Applications for other categories of Applicants (LLPs, Pvt Ltd, Public Ltd, OPC, etc)

Conclusion

Registering a trademark is a vital step for any company. Online registration has made the entire Trademark registration process a lot simpler than before. However, it is still important to get professional help because various stages of the trademark application process require a trademark attorney. Getting a trademark registration helps open a world of advantages for you, from protecting your brand to even being able to grow your brand worldwide. Get trademark registration today and begin your journey toward success!

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Akansha Tripathi
About the Author

Akansha Tripathi

Akansha is a 3rd-year B.A. L.L.B (H) student, pursuing her summer internship at LegalWiz.in with an aim to make an impactful career in the filed of business compliance and corporate law. The subject of law fascinates her extensively.