Application for Trademark Registration

It is necessary to file an application for trademark registration online to obtain trademark protection.

It's crucial to register your trademark since it stops others from copying it and using it to misrepresent other products.

Trademarks let people recognize a brand and its value in a single glance, such as Nike's tick sign emblem or Puma's jumping wildcat logo.

Trademarks are special one-of-a-kind indicators that are used to identify a company's goods or services.

Designs, photos, signs, and even expressions can be used.

It's crucial since it sets your products apart from the competitors.

It might be linked to your company or product. Trademarks are intellectual property, which means they are protected from infringement. The Trademark Act of 1999 protects trademarks and their rights.

Validity of Trademark in India

Trademark does not have a definite limitation period. A trademark registration expires after 10 years of registration, but a trademark can be renewed again for another 10 years.

This process can be indefinitely done, meaning as long as you keep renewing the trademark, it will not expire and will continue to be under the protection of the Act.

Eligibility to file Application for Trademark Registration

Any individual, corporation, or limited liability partnership (LLP) can be an applicant and file a trademark registration application.

Once the trademark successfully registers, the person whose name is the applicant on the Brand Registration form will be the owner of the trademark.

Steps to Register a Trademark

Step 1 - Choose a Unique name and Brand Logo

Remember to select a distinct and unique mark to represent your organisation.

Another crucial aspect is determining which class your trademark belong to.

Currently, the trademark can register in 45 different types of products and services.

Goods are classified in classes 1 through 34, while services are classified in classes 35 through 45.

Step 2 - Trademark Research

It's a good idea to run a search after you've decided on a mark to see whether it's comparable to the one that's already been registered.

You can do this yourself by visiting the Controller General of Patents, Designs, and Trademarks' online page.

There is an opportunity to conduct a public search on the website. After selecting this option, you must select your class and search the online database.

The other option is to hire legal counsel, which, while more expensive, is the safer option.

If your trademark is unique, the overall cost of legal services will be less. They will not only search, but they will also assist you along the process.

Step 3 - File the Application for Trademark Registration

You can apply for numerous classes, series, or collective trademarks in one application.

To do so, you must complete form TM-A. This application lets you register a trademark in more than one class.

There are two cost groups for completing the submission:

Rs.9,000 or Rs.10,000

You will have to pay Rs.9,000, if you are not a startup, small business, or individual.

If you file the form in person with the Office of Trademarks, you must pay Rs. 10,000 for physical filing.

Rs.5,000 or Rs.4,500

You fall into this category if you are a person, a small business, or a startup.

The fee for e-filing the form is Rs. 4,500, while the fee for physically filing the form is Rs. 5,000.

Make sure not to make any mistakes when filling out the form since this could cause delays or even rejection of your application.

You must complete all of the fields and include a 9 by 5 cm trademark photograph.

You may be asked to submit five copies of the same document.

When filing, the entire file must be supplied with two duplicates.

Which is better e-filling or physical filling?

You have the option of filing it online, by yourself, or through an agent, whichever is most convenient for you.

Confirmation of filing will be instant if done online. However, it could take up to 15-20 days if done manually.

Step 4 - Application Examination

After you submit your application, the Registrar of Trademarks will review it to see if you followed all of the criteria and that your brand name is legal.

Furthermore, the registration should not be similar to or identical to any existing or pending brands.

It is why we recommend, that you create a unique brand name!

Step 5 - Publication in the Trademark Journal

The Registrar of Trademarks will publish your brand name in the Indian trademark journal following the examination procedure.

It is the most significant element of the trademark registration, and no opposition should be filed within three months of the date of publication, i.e. 90 days (or 120 days in some situations).

The Registrar of Trademarks will proceed with the issuance of a Trademark Registration Certificate if there is no opposition.

Step 6 - Trademark Opposition

The Registrar of Trademarks will publish your brand name in the Indian trademark journal following the examination procedure.

It is the most significant element of the trademark registration, and no opposition should be filed within three months of the date of publication, i.e. 90 days (or 120 days in some situations).

The Registrar of Trademarks will proceed with the issuance of a Trademark Registration Certificate if there is no opposition.

If no objection files within three months, this procedure will not apply to you, and your brand name will accept for the issue of a Trademark Registration Certificate.

Step 7 - Hearing

If there is no trademark opposition, you will not need to take this step.

If a third party opposes your trademark registration and you respond within two months, the Registrar of Trademarks will send a copy of your counter-statement to the third party opposing trademark registration.

You and the third party must both submit evidence in support of your case. Following the submission of evidence, the Registrar will hold a hearing for you and the third party.

The Registrar will issue an order accepting or rejecting the trademark application after hearing both parties and examining the facts.

If the Registrar of Trademarks accepts your application, he will proceed with the registration process.

Step 8 - Issue of Trademark Registration Certificate

If no objection files within the 90 days, the Registrar will accept your trademark application. If your trademark application accepts after a trademark opposition hearing.

Wow! And the Registrar will issue the Registration Certificate with the Trademark Registry seal, which will be the greatest moment for you.

You can use the registered trademark symbol (®) with your brand name immediately after receiving your certificate.

As a result of this article, we believe that even a beginner can comprehend everything about developing a brand name and effectively registering it.

We will process trademark registration online application in fastest way. Importance of Trademark Registration. So Apply Trademark registration online Now.