Trademark Registration process in India are licensed by the Controller General of Patent Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademark validity of registration is 10 years.
TM (Trademark) – Unregistered trademark and may be used after the application has been submitted to advertise the goods.
SM (service mark)- Service mark that is not registered which can be used to promote or advertise products.
® (Registered Trademark) – Used when a registration certificate is granted.
A trademark is an identifiable insignia, expression, term, or symbol that signifies and legally differentiates a particular product from all other products of its kind. A trademark marks a product solely as belonging to a particular company and acknowledges the company's ownership of the brand.
Trademark registration is not necessary. However, the application is the prima facie proof of the trademark 's possession under registration.
Any person or business claiming to be a trademark owner may also apply for trademark registration in India including Individual, Company, Proprietor, Society, Foreign proprietors.
Trademark Registration Details
Below are few points mentioned which you should consider before trademark registration:
Trademark Search – Check that TM is available to register on the Public Search website. That is to prevent any equivalent or equal trade-mark that may have been registered.
Select appropriate Class – The government specifies the 45 categories of classes, for goods 1 to 34 classes and for services, 35 to 45 classes are specified. Class selection depends on the nature of goods/services. The choice of groups depends on the nature of the goods / services.
Filing Application – Trademark Agent / Attorney / Proprietor fills the required details at the IPI India website with applicable fees along with supporting documents in Form TM A . Acknowledgment is issued immediately and the applicant can use the TM.
Review – After the application has been submitted, Trade Marks Registry may then evaluate the trademark and insure that it satisfies the registration requirements in India. Report of review shall usually be published within 3 months to 1 year.
Reply to the examination report – The response to the examination report within one month from the receipt of the exam report. The Trademark shall continue for publishing in the Trademark Journal if approved.
Advertisement in Trade mark Journal – This is released for a duration of 90 days in the Trademark Journal in order to allow the public to file an objection for the mark.
Opposition – The third party may object to the registration of the Trademark within 3 months (90 days) from the date the Trademark Journal is made available to the public. When no resistance is obtained during that period, the name would be approved.
Registration Certificate – The TM certificate of registration shall be issued if no objection is filed.
Online Process for Trademark Registration
Registering for trademark online is very simple and easy to follow:
Applicant's Identification Proof – Visa, Driver's License, Aadhar, Voter ID or Ration Card.
Business Proof – Agreement Deed or Certificate of Incorporation or Registration-In the case of a legal company or registered business.
Logo – The proposed trademark will be labelled in normal logo format , i.e. 8 cm x 8 cm, respectively. If a word is used for the trademark filing, the logo is not necessary. The emblem needs to be displayed in black and white style ideally in all other cases.
Power of Attorney – Applicant's signed Power of Attorney / Authorization in Form-48 if the application was filed through a TM Agent / Attorney.
Affidavit – When a claim for prior usage of the TM is included on the application for a trademark then the applicant must file an affidavit.
Certified Copy of Priority Application – if priority is being claimed from an application filed in any of the country that is a member of the Paris Convention.
Registration Fees for Trademark Registration
For Individual / Small Business application should be in in Form TM-A:
Renewal – TM – R Form:
E-submission- Rs. 12,899 /-
If you need further help, talk to our trademark registration customer care. You can just fill the trademark registration form @e-registration.co.in to avail all the government benefits.
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