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How to register trademark in India? – Trademark Registration in India

People who work in a competitive business world often tell a product apart by its brand name and other unique features. All of these things, from names and jingles to the way the packaging looks, make up what we call a brand. Protecting your business name has become even more important in this digital age. If you want to make sure that your goods and services are unique, you need to register your brand. This is true whether you are starting a new business, running an existing one, or going into business for yourself.

In today’s competitive market, we know how important it is to protect your brand’s personality and make sure that your goods and services stand out. That’s why we offer professional help with brand applications. Our team is here to help you through the complicated process of registering a brand, no matter if you’re a new business, an established one, or an entrepreneur on your own.

Who can apply to register a trademark?

Many different types of businesses and people can register a trademark, such as:

  • Individuals
  • People who own a business together
  • Firms owned by one person
  • Firms with up to ten partners that work together
  • LLPs stand for “limited liability partnerships.”
  • Company in India
  • Outside businesses
  • Trusts
  • Societies

This openness means that many different kinds of businesses and organizations can use trademark registration to protect their brand names.

Required Documents & Details for Online Trademark Registration:

To start the process of registering a brand online in India, you will need to give the following information:

  1. Applicant’s Name: This is the name of the person, business, or organization that wants to register a brand.
  2. Type of Business: Say what kind of business it is, like a sole proprietorship, a partnership, a private limited company, etc.
  3. Business Goals: Give a short outline of the goals or tasks of your business.
  4. Brand/Logo/phrase Name: Make it clear what name, logo, or phrase you want to copyright.
  5. Registration Address: Give the legal address of the business that wants to register the brand.

Online Trademark Registration Procedure in India

Step 1: Surf internet for a brand name that is “wacky-enough”

This is the quickest and best way for a new business to come up with a catchy, trendy, and interesting name. Choosing a unique brand name is smart since most uninteresting names are taken. You should also run a quick check to verify sure your brand name isn’t already used. You can mix general words with your own original words to make a unique brand name for yourself. This is the best part.

Step 2: Getting a trademark application ready

For online trademark filing, you must send in the following papers along with the application:

  1. Business Registration Proof: If you have a registered business (like a single proprietorship or other type), you need to show proof of who the owners are and where they live. If the business is owned by a single person, an ID card like a PAN card or an Aadhaar card could be shown. When it comes to businesses, on the other hand, they need to show proof of their location.
  2. A digital copy of the title. People in another country can use the suggested mark’s proof of claim (which is valid).
  3. The person applying must sign the power of attorney.

Step 3: Fill out the application to register the brand name

It is possible to file the trademark registration application (form TM-A) in two different ways: by hand or electronically. In India’s big towns like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai, you have to go to the Registrar Office of Trade Marks and hand over your application for registration in person if you choose “manual filing.” Once they send it, you have to wait at least 15 to 20 days to get the confirmation.

If you use an e-filing method, on the other hand, you will get your receipt of approval right away on the government website. As soon as you get your confirmation, you can put your TradeMark (TM) symbol next to your brand name!

Step 4: Look at the steps for applying for a brand name

The Registrar of Trademarks will verify that your brand name complies with the law and abides by specific regulations once the application has been transmitted. Additionally, the brand must be distinct from any other names that are currently undergoing registration or are identical to it. This is why we thought you should pick a funny brand name!

Step 5: Get your name shown in the Indian Trade Mark Journals.

The Registrar of Trademark will put your brand name in the Indian trademark record after the testing process is over. No one should be able to object to this part of the trademark registration for 4 months after it was published. It is the most important part of the registration process. In the event that there is no resistance, the Registrar of Trademark will issue the Trademark Registration Certificate.

Step 6: Fighting the trademark

A third party must file an opposition within 4 months of the trademark being published in the trademarks journal. If they do, the Registrar of Trademarks will give you a copy of the opposition notice. You have two months from the date you receive the opposition notice to file a counter-statement in response to it. If you don’t send the reply statement within two months, the trademark application will be seen as abandoned and turned down.

But if no one objects within 4 months, you won’t have to do this step. Your brand name is already on its way to being accepted for the Trademark Registration Certificate.

Step 7: Hearing on Opposition to a Trademark

If there is no resistance to your name, you will not need to take this step.

A third party can object to the registration of your trademark. If you send your counter-statement within two months, the Registrar of Trademarks will send a copy of your counter-statement to the third party who is objecting to brand registration.

For your case to be supported, both you and the third party must give evidence. After the evidence is turned in, the Registrar will give you and the third party a chance to be heard. After hearing both sides and looking at the evidence, the Registrar will decide whether to accept or reject the patent application. The Registrar of Trademarks will process your application for registration if he agrees to it.

Step 8: Getting the brand registration certificate

If no one objects within 4 months, the Registrar will accept your trademark application. If someone objects, the Registrar will also accept your application after a trademark objection meeting. Wow! The best part will come when the Registrar gives you the Registration Certificate with the Trademark Registry seal.

As soon as you get your certificate, you can put the registered trademark symbol (®) next to your brand name.

Frequently asked questions

Can an Indian trademark be protected internationally?

National trademark registration with the Registrar of Trademarks does not confer international protection. Applying for Madrid Protocol trademark registration allows international trademark registration. 

As a Madrid Protocol member, India allows worldwide trademark registration with a single application to the Registrar of Trademark Office.   

What happens without trademark registration? 

A trademark’s registration is optional and not essential to authenticate it. A trademark can be used unregistered. The major drawback of not registering your trademark is losing infringement protection. 

Thus, you cannot stop another business owner from utilizing your trademark for their goods or services. After trademark registration, you can sue for trademark infringement and stop others from using your brand for products and services. 

What is the class of a trademark?

Classes of products and services are listed by the trademark register. Sign up separately for each class. Trademark registration covers 45 goods and services classifications. The trademark applicant must specify the goods or services it will represent in one or more classifications. 

That product or service class receives trademark registration. Thus, if someone uses your trademark for a distinct class of products or services, it is not infringement.  

What if the Registrar of Trademarks rejects my trademark application?

Registrar of Trademarks reviews trademark applications. The registrar may reject the application if it detects legal or trademark violations. The applicant can file a legal trademark registration application that is not comparable to others.

What is the reason a brand filing application is turned down?

Any trademark registration application that is confusingly similar to an existing mark, uses common terms or phrases, or is offensive to a religion may be refused. If it casts doubt on the product’s provenance, manufacturer, quality, ingredients, etc., they will reject it.

How to search for trademarks?

Public trademark searches are available on IP India. Enter the trademark wordmark, class, and product description and click ‘Search’. Similar or identical trademarks will be shown on screen. Thus, you may check for comparable trademarks and alter your logo or sign if needed.

How long does trademark registration in India take? 

On average, trademark registration takes 18-24 months. If the application fails, it may take longer. Contact us for Trademark Registration Service Support from authorized firms in India

How often do you need to renew a trademark registration in India?

Trademark owners must renew their registrations in their 9th year.. A trademark registration is valid for ten years, however renewal must begin one year before expiration. The Registrar will remove a trademark from the Register of Trademarks if it is not renewed before it expires. After removal, you can restore the trademark in the prescribed form.

 

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