Can you see anybody else reaping the benefits of your sweat and hard work? If not, then you must proceed towards obtaining a trademark registration in India! A good brand name is not built in one day; rather it takes years of endless efforts and sweat.
However, once you have successfully imprinted your brand name in the minds of people it benefits can be realized by you and your generation to come. Thus, it is of utmost importance to protect the uniqueness of your product or service to gain a competitive advantage in the market. With this blog, we will understand the complete procedure of obtaining trademark registration in India.
What is Trademark?
A word, phrase, symbol, and/or design capable of identifying and distinguishing the source of the goods of one party from those of others are known as a trademark. By obtaining trademark registration a person receives exclusive usage rights over his trademark and can prevent others from exploiting it. Further, the trademark can be registered and regulated in India under the Trademark Act 1999. What all you need for getting your trademark registered?
Requirements for registering a Trademark
1. Details of the brand name, logo, symbol or slogan for which trademark registration is required.
2. Date of first use of the trademark.
3. Details of the owner of the trademark like name and address. In case trademark is sought on company name than the Name of all the members.
4. An authorization form named TM-48.
5. Applicable fees for registration.
The procedure of Trademark Registration in India
Acquiring trademark registration is not as easy as it appears; rather it is an arduous procedure that requires continues effort and time. There is a whole step by step procedure that is required to be followed by the applicant. Below we have outlined the steps involved in the making application for trademark registration in India to assist you in this cumbersome procedure-
The basic motive behind granting the trademark registration is to protect and promote the unique and creative ideas. Thus, trademark registration in India is only granted to those trademarks that are considered as unique by the trademark department.
In order to ensure the uniqueness of the trademark selected the owner can conduct a comprehensive trademark search from the trademark database provided at the official website of the trademark by clicking on this link http://www.ipindia.nic.in/. Here he can get the complete information about the various status of the trademark applied that are already registered, objected, opposed or abandoned. When a search is conducted if there are some trademark already applied with the same mark the details of such marks will be displayed.
On the contrary, if there are no matches with your trademark the result would be no match found. Congratulations! if you have got a no matches found the result. Now you are ready to file your trademark application.
Filing Trademark Application
Once you have selected your perfect brand name you can make an application for trademark registration physically or electronically. For filing the physical application you are required to submit your TM-A form with the prescribed fee of Rs 5000 in case you are individual / Start-up /Small Enterprise, at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai, and Ahmadabad.
The trademark application can also be easily filed online by paying the prescribed fees of Rs. 4500. Once the application is submitted successfully an official receipt with a TM number will be issued to the applicant.
Examination of the trademark application filed
Once you have filed the application for trademark registration; the registrar of the trademark will scrutinize it for determining its accuracy. He will check whether the trademark applied by you complies with the rules and regulations specified in existing laws or not.
Moreover, he will ensure that the trademark applied by you is unique and it does not conflict with the interests of any existing trademark holder. If the registrar deems fit he may approve the application and process it for publication in the journal. Whereas if finds any discrepancy in the application he will raise objections to it.
Filing Reply to the objection rose
This step is required to be followed by you only if the objection is raised by the trademark registrar on the application filed by you. These objections may be raised on the grounds of section 9 and section 11. In response to the objection raised the applicant is required to file a Trademark reply. Through this reply, he is required to prove that why his brand name is capable of being registered and how is it different from the existing trademark.
Publication of trademark in Trademark Journal
If the registrar is satisfied with the reply filed by the applicant he may process the same for publication in Trademark journal. What is trademark journal? Trademark journal is released every week containing the details of all the applications made for trademark registration.
The trademark will be published in the journal for a total period of 3 months which can be extended by 1 month for inviting the opposition from the public at large. Any third person may oppose the trademark filed if he deems that the registration of the proposed trademark will infringe his rights.
After an opposition is received on the trademark filed a hearing is scheduled wherein both the parties are given the opportunity of presenting their part and providing evidence in support of the claims made by them.
Congratulations! Your trademark is registered now
If no opposition is received on the application filed or the result of the hearing is in favor of the applicant the trademark will be preceded for registration. Finally, you will receive a Registration Certificate with the Trademark Registry seal.