Trademark Registration

Trademark Registration

A trademark is a word or symbol used by a business to distinguish its goods or services from other competitors. Business names, brands and logos can easily be trademark through IndiaFilings by filing an application online. Once a trademark application is filed, the trademark applicant can begin using the ™ symbol with the brand. On registration of a trademark, the mark becomes an asset of the company and is protected against misuse under the Indian law. Thus to protect a brand or business name from being copied by others, the inventor of the must must apply for trademark registration. The process for trademark registration involves various steps and followup with the Government. Hence, it is essential to hire an expert for trademark filing to maximise chances of obtaining trademark registration. IndiaFilings has filed over 50,000 trademark application in India and helps various businesses with a complete suite of services to manage their brand names.

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A trademark application can be filed by any person or legal entity. The person or legal entity can also be a foreigner or foreign entity. Further, trademark applications can also be made for marks that are proposed to be used by the applicant in the future.

Before beginning the trademark registration process, it is essential to check if an identical or similar mark is registered by any other person to avoid any litigation. An IndiaFilings Trademark Consultant can help you easily complete a trademark search and provide advice on the classes under which the trademark registration should be made.

Why should I register a trademark?

Registering a trademark provides legal protection against misuse of any business name or brand or logo by a competitor. A registered trademark grants the trademark owner exclusive nationwide ownership of the mark under the Indian laws.

How long is a trademark registration valid?

A trademark registration will be valid for 10 years from the date of application. Before or at the end of 10 years, the trademark owner can easily renew their trademark by filing for renewal.

What is the ™ symbol?

The ™ symbol can be put next to a business name or brand or logo once a trademark application has been filed with the Government. Putting a ™ symbol next to a brand indicates to competitors that you have filed a trademark application claiming ownership over the trademark.

What is the R symbol?

A registered trademark can use the R symbol to indicate that the business name, logo or brand is registered under the Intellectual Property laws of India. In case any person copies a trademark that is registered, the trademark owner has the right to legal remedy including obtaining an injunction barring unauthorized use.

How long does the trademark registration process take?

After filing the trademark application, registration of the mark can happen between 6 - 12 months, subject to Government processing timelines. If a trademark application is objected or opposed, the registration process can take longer.

Documents required

Trademark filing is a simple, online process which can be completed within 24 hours. IndiaFilings has helped file over fifty thousand trademark applications in India and has obtained registration for various leading brands.

There are a certain set of documents that need to be signed, scanned and sent to us. The list is given below.

Signed Form 48- Form 48 is used to provide IndiaFilings attorney with authorisation to file your trademark application.
Identity proof of the trademark owner- It can be PAN card, passport or Aadhar card.
Incorporation certificate (if its a company or LLP)
Udyog Aadhar registration certificate- The government fees for trademark filing for companies having Udyog Aadhar is Rs. Rs. 4500. However, they have to pay Rs. 9000 to file is they do not possess an Udyog Aadhar.
Logo, if applicable and available.
Address proof.

Trademark Registration Process

The process of trademark begins with a trademark search. We can help you conduct a trademark search using the tool below to find marks across classes. The government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the search is complete, you will proceed with the trademark application based on the details of identical or similar trademark applications already filed with the government.

Trademark application allotment

Once the trademark registration application is filed with the trademark registrar, a trademark application allotment number is provided within one or two working days. The application can then be tracked online through the online trademark search facility. On obtaining the allotment number, the owner of the trademark can affix the TM symbol next to the logo.

Vienna codification

The Vienna codification established by the Vienna agreement (1973) is an international classification of the figurative elements of marks. Once the application is filed, the trademark registrar will apply the Vienna classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as "sent for Vienna codification".

Trademark Examination

Once the Vienna codification is complete, the trademark registration application will be allotted to an officer in the trademark registrar office. The trademark officer would then review the trademark application for correctness and issue a trademark examination report. The officer will either accept the application and allow for journal publication or object the same.

Objection

If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the officer and address the objections. If the officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.

Journal Publication

Once the trademark registration application is accepted by the registrar, the proposed mark is published in the trademark journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. Once it is published, the public have an opportunity to object to a particular registration, if they believe their business will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks’ time.

If the trademark registration application is opposed by a third-party, a hearing will be called for by the trademark hearing officer. Both the applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the hearing officer will determine if the application should be accepted or rejected. The decision of the hearing officer can also be challenged by escalating it to the Intellectual Property Appellate Board.

Trademark Registration

If there are no objections or oppositions to the application, the trademark manuscript and trademark registration certificate will be prepared. Once the trademark registration certificate is issued, the mark is considered to be a registered trademark of the owner, granting the owner exclusive use of the mark. The symbol can now be placed next to the logo.

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