Simply put, trademarks are unique signs used to identify the products or services of a company. These can be pictures, designs, signs, or expressions. This is crucial because it distinguishes your products from other products. It can be associated with your brand or product. Trademarks are intellectual property and are protected against infringement. The Trademark Act 1999 protects trademarks and their right
Registering a trademark is necessary to protect trademark rights. Registering your trademark is essential as it protects you from others copying it and making false representations about other products that use your mark. Trademarks allow customers to recognize the brand and brand value of the brand in one glance, such as the logo for Nike’s tick sign or the jumping wildcat for Puma.
A trademark is not subject to a fixed limitation period, unlike patents. A patent expires 20 years after it is registered. However, trademark registrations can be renewed for another 10 years, unlike patents. This means that the trademark registration can be renewed indefinitely.
Trademarking a Brand Name
You are protecting your brand, reputation, and ideas by trademarking the name of your company. This is something you have undoubtedly put a lot of sweat, blood, and tears into. Although the trademarking process will take some time, it is worth it. Nothing could be worse than losing your brand to a lawsuit brought by a larger company.
It is now possible to register your brand trademark in India.
In 1940, the trademark registry was established. The Trademark Act was then passed in 1999. The trademark registry is currently the operational or functional body for the Act. It can also be described as working side-by-side. The trademark registry is a functioning body that implements the Indian trademark law.
Mumbai is the Head Office for the trademark registry. It also has branches offices in Delhi and Ahmedabad. The Trademark Act, 1999 is used to register a trademark. After that, the registry of trademarks registers it. Before registering a trademark, the registry verifies that it meets all requirements of the Act.
Who Can Apply for a Trademark?
Once the trademark has been successfully registered, the Trademark Registration form will declare the applicant as the trademark owner. An applicant can be an individual, a company, or an LLP.
The registry of trademarks is responsible for the registration of a trademark. There are several steps that must be followed when you want to register a trademark.
How to choose a trademark
It is important to pick a distinctive and unique mark that will best represent your company. Another important aspect is to identify which class you are in. There are currently 45 classes under which a trademark can be registered. Classes 1 through 34 are for goods, while classes 35 to 45 are for services. The class list is available.
Search for Mark
It is recommended to search for similar marks to yours after you have selected your mark. This can be done online by the Controller general for patents, designs, and trademarks. You will find an option to perform a public search on the website. Click on this option to select your class and search the online databases. The other option is to hire legal services. However, you will need to pay more for it. If your trademark is challenged, overall legal services will be less expensive. They will not only conduct the search but will also assist you throughout the entire process.
How to file a request:
Two options are available when you file for a trademark.
Apply for a trademark in “one” class. The trademark will only be registered for the class you choose. You will need to complete the form or TM-1. For filing form TM-1, the fee is Rs. 3,500. All amounts for the respective forms can be found here
You can also file multiple classes, series, or collective trademarks: To do this, fill out form TM-A. This form allows you register your trademark in more than one class. This form can be filed in two cost brackets.
Rupees 9,900 or rupees 10,000
This bracket applies to individuals, start-ups, small enterprises, and individuals. If you are filing the form in person, the fee for e-filing is Rs 9,000.
Rupees 4,500, or rupees 5, 000
This bracket applies to individuals, small businesses, and start-ups. The fee for electronic filing of the form is Rs. 4,500, or rupees 5,00 if the form is filed physically.
Filling out the form correctly can cause delays or even rejection. Fill in all details and attach a photo of the trademark. The dimensions are 9 by 5 cm. It may be necessary to attach five copies of the same. When filing, the complete file must be submitted along with two duplicates.
It can be filed online, by yourself, or by an agent. Whichever method you prefer. If you file online, confirmation of your filing will be sent immediately. However, it might take up to 15-20 days if filed physically.
Online Trademark Registration Procedure
- Step 1 – Search the internet for a “wacky enough” brand name
This is a quick and easy way for newcomers to have a catchy, fashionable, and interesting brand name. It is wise to choose a quirky and unusual brand name, as most generic names are already in use. To ensure that you don’t pick a name that is already in use, it is important to do some research before you decide on a name. You can create your own brand name by combining generic words and inventing words.
- Step 2 – Preparing a trademark registration
Online trademark registration requires that you submit the following documents:
– Business Registration proof: A proof of business registration (eg sole proprietorship or similar) must be submitted. Identity proof of directors and proof of address are required. If you are a sole proprietor, you will need to provide proof of identification of the owner. Aadhar card or PAN card can be submitted. For companies, however, you will need to submit proof of address.
-Soft copy the trademark
– You can use the proof of claim (which is required) for the proposed mark in another country.
– The applicant must sign a power of attorney.
- Step 3 – Filing the application for brand name registration
You have two options for filing your registration. E-filing or manual filing. You will then have to wait at least 15 to 20 days before you receive the acknowledgment. However, if you choose to e-filing, your acknowledgment will be available immediately on the government’s website. After you have received your acknowledgment, your TradeMark symbol (TM) can be used alongside your brand name.
In the event of rejection for non-approval, the applicant will be given a second chance to fill out the SPICe form. This means that you have two chances to file the same form, without having to pay Rs. 1000/- for both times.
If the first attempt fails to approve the name, you can start over with the SPICe form. This will eventually prove to be more affordable than the first option. The entire process, including approval of the name and incorporation, takes approximately 2-3 days.
- Step 4 – Examining the process for the brand name app
After the application has been sent, the Registrar will verify that you have followed the terms of the law. There should be no conflict between any pending or existing brands that are being registered. We recommend that you choose a unique brand name.
- Step 5 – Publication of your brand within the Indian Trade Mark Journals
After the examination, the registrar will publish the brand name in Indian Trade Mark Journal. This is the most important step in trademark registration. There should be no opposition within three months (i.e. In some cases, it may take up to 90 days or 120 days. Your brand name is now moving towards acceptance.
- Step 6 – The trademark registration certificate issuance
If there is no opposition within the 90-day period, the Registrar will accept your trademark request. Wow! This will be your best moment as the Trademark Registry seal is added to the Registration Certificate.
You can start using the registered trademark symbol (r) as soon as you receive your certificate.
Status of application
After you receive confirmation that the application has been filed, you will be issued an allotment number. This allotment number allows you to track the progress of your application online. It will take some time. If there are no problems with the filing, you will find out whether your application has been approved or denied within 18-24 months. This may take longer if there are any problems.
Filing dates determine priority. The longer the application takes, the higher the priority it will be. Another benefit to filing an application is that you can still use the TM symbol next to your mark after you have received your allotment numbers.
After your trademark has been approved by the registry, you will receive a certificate of trademark registration. This certificate will confirm that your trademark is registered and protected. The registration will remain valid for a period of 10 years after the filing date. You can renew your trademark after this time. You can renew your trademark indefinitely.