How to Apply Trademark Registration in India? Step to Step Guide
Between 2022 and 23 466580 applications were submitted for the trademark symbol registered. This represents an increase of over 447805 applications that were filed in 2021-22.
It’s clear that many businesses in India are aware of the importance of building the value of their brand by creating a distinctive style that reflects their brand.
Trademark and Trademark Registration
A distinctive symbol, which acts as a visual symbol of your business or brand It can be registered by the government as the brand identity or image for your business. This specific design becomes exclusive to your company and is registered as a trademark.
As intellectual property, they are valid for a period of 10 years. If they are not renewed, you will need to make an application for a renewal. A trademark registered with the government will stop others (both individuals and brands) from replicating or misrepresenting your name as well as your company.
Why opt for a Trademark Registration?
A registered Trademark ((r)) safeguards the image of your brand and wards off any unauthorized use. The trademark also allows your brand’s image to be protected against infringement and false representation.
Who can ask for a Trademark Registration?
To register a trademark one of the following may be used:
- A person
- A group of people
- Trusts
- Proprietorships
- Societies
- A body that is incorporated
- Partnership-based firms
- Limited Liability Companies (LLC)
- Hindu Undivided Family (HUF)
Steps to Apply for a Trademark Registration
As an “First to Use” country with regard to trademark registration it is essential to apply as early as possible to avoid third-party infringement concerns in India. Thus, it is advisable to have your trademark registered when you begin to think about your business.
Request a trademark registration with the assistance of an agent for trademarks or facilitator with the following easy steps:
Trademark Search and Classification
In order to file for trademark registration for a trademark in India To file for a trademark in India, the Place of Business must be situated in India. Look through the database of the nation for similar or similar trademark designs. Then, you must identify the category it falls within according to the NICE Classification System.
If the trademark is found to be identical to an existing design the trademark application could be modified before filing for trademark registration.
Filing the Application
After you have completed the above now is the time to start working on your application. Please ensure that you have the following information:
- The trademark design
- The name and address for the proprietor
- Form TM-48 (if you are using an agent)
- An affidavit (for prior use)
- The date of the first time that it was used
- Trademark Class (whether product or service, and the nature of it)
- Information about the service or product
- Aadhaar Card (if used by an individual)
- Company’s details
- Incorporation Certificate
- PAN
- MSME Certificate
The payment of fees
To submit the trademark registration application successfully, you need to pay the fee. This will cover facilitation costs as well as the cost of processing and completing this verification (examination) as well as other costs.
Application Allotment
Once the application has been filed and approved, an allocated number called a serial (allotment) number will be assigned within a couple of working days.
Vienna Codification
This test determines whether the design is in violation of existing trademarks registered under the law.
Trademark Examination
When you have completed the Vienna Codification is done, the application is then sent to an officer, who will verify the legitimacy of the application and also the accuracy of the data provided. Any objections and clarifications required will be addressed at this point.
A proper response has to be provided within 30 days and with the appropriate evidence and documents to clear any doubts. The officer may request an appeal hearing when he’s not satisfied in resolving any issue. The applicant might also be required contest the decision before an Intellectual Property Appellate Board if required.
Journal Publication
Once the design has been approved by an official of trademarks, the symbol or design is published within the Trademark Journal. From this point on, the logo or symbol is open to review by the public.
Anyone who finds any violation or object to the design are given the right to appeal. If there is an objection being filed, the trademark official will summon you as well as the other entity that is opposing to your case.
Getting the Certification
If there are no contests, or if the final decision comes made in favor of the applicant, the design becomes an official trademark. This permits you to use the (r) in front of your company’s logo, which boosts the brand’s image.
The certificate will be valid for the remainder of 10 years. If you would like to keep using the logo and the (r) signposting date, you’ll have apply for a renewal.
What should you do after the trademark registration has been completed
If you own a trademark registration, it will be valid for 10 years. After that, you’ll need to file a renewal of your trademark.
Apart from being able to increase your brand’s value and trustworthiness, you can also benefit from the legal advantages that come with it. It is nevertheless crucial to look out for similar designs that may cause confusion for your customers.
You can oppose the registration of similar or identical designs. If you fail to submit a renewal application after 10 years, the design will be put in the open domain, and may be re-used by anyone. Therefore, you should consider the renewal of your trademark when it is within the 10 year mark.
To conclude
As a result of changes enacted through the Indian government The trademark registration process is rather simple and straightforward to access. However, it can be complicated, requiring documents, clarifications and having to appear before the Trademark officer as well as the Intellectual Property Appellate Board.
Unaware of the legal procedure could be a problem. For a simpler process it is possible to hire the assistance of a facilitator or agent.
Register your trademark and reap the advantages of having an exclusive brand name.
