What is the Steps Involved in Registering a Trademark in India?

This Post we give you a brief on what is Trademark, its meaning, requirement, meaning of register a trademark, step wise process of registration of trade mark, time duration, charges, information and documents required for registration.

What are Trademark and its Importance.?

If you're starting a new venture, business or trade, a logo, name or signature is the first thing you choose to separate yourself from others. A "trademark" is that symbol you will use to do so. Registering a trademark is a legal procedure provided for under the Trade Marks Act, 1999.

For getting a brand protected under the provisions of the trademark law one has to get one's brand registered

Benefits of Register a Trademark India:

• It creates prima facie evidence as to ownership of the mark and makes it easy to stop your competitors or third party from using similar or deceptive name.
• It helps to identify goods or services of one seller and distinguish them from good or services of others.
• Prevent competitors from copying the brand.
• Helps customers in identification of source or origin of a product or service.
• It can become the most valuable asset of a business.

Documents Required for Trademark Registration:

• Logo or the Trademark
• Name and address of the trademark owner
• Classification or Trademark Class
• Trademark used since date
• Description of the goods or services
• Trademark Registration fee.

Types of Trademarks Available:

• Names, including your own name or surname.
• An invented word or any arbitrary dictionary word or words. It does not need to be descriptive of the character or quality of the goods/service.
• Letters or numerals or any combination.
• Symbols and Monograms
• Combination of colours or even a single colour in combination with a word or device.
• Shape of goods or their packaging.
• Marks constituting a 3-dimensional sign.
• Sound marks when represented in conventional notation or described in words by being graphically represented.

What does the Register of Trademark Contain.?

Currently maintained in E-form, the trademark contains the following:

• The class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers.
• Address of the Proprietors.
• Particulars of trade or other description of the proprietor.
• The convention application dates (if applicable)
• Place where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights.

How to make a Trademark Application India?

You can make an application for a trademark on Form TM-1 with the prescribed fee at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai and Ahmadabad. 

This will depend on the place where you reside or have your main place of business.

You will need to do a pre-filing search before filing your trademark. Once you register your trademark, you will be issued an official receipt with a TM number.

Then an examination report is filed within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview. Your application will be looked at to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.

As you defeat objections raised by the registrar, your application is then published in the Indian Trade Marks Journal, with an endorsement stating either that it has been accepted or that it is being published before acceptance.

Once it is published, any person has three months (which can be extended to a month at the registrar's discretion) to file a notice of opposition to registration.

Acceptance or refusal of your trademark application will be considered once the opposition proceedings have been completed.

Duration of Trademark

The term of registration of a trademark is 10 years. This may be renewed for a further period of 10 years on payment of the renewal fees.

E-Filing of Trademark Application

E-filing of a trademark application is a new service provided by the trademark registry office on its website. With it, you can:

• Complete an electronic application form.
• Provide the associated attachments.
• Complete necessary payment details.

What is the Benefit of E-Filing of Trademark?

You will immediately:

• Receive a trademark application number.
• Online verification to assure error-free filing and obtain your filing date.
• Speed up the registration process.
• Print the completed application data and receive fee acknowledgement.
• Save the data locally in your PC.
• Be able to recall your contact details for subsequent applications.

You can also view online history and status of the applications filed by clicking "Status of Filed Application" and the online status of e-Payments.

If you need more details on Trademark Registration Process, 

Email Us: info@mycorporation.in

You can also visit us: Trademark Registration Consultants Delhi