Trademarks

4. How to Register a Trademark?- Registration of a trademark is done by the Registrar Office of Trade Marks. When you plan on registering a trademark there are a few steps involved.

Choosing a trademark:Remember to choose a unique and distinctive mark which will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service. 

Mark search: Once you have chosen your mark it is advisable to conduct a trademark search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller General of Patents, Designs and Trademarks. On the website, you can find an option to do a public search. Once you click on this option you need to choose your class and search the online database.    

The other option is to get legal services, although you will have to pay for it is the safer option. Overall legal services will cost lesser in case your trademark is objected against. Not only will they do the search, they will also help you with the whole process.

Filing application: You can file one application for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. This form allows you to register the trademark beyond one class. Filing of this form has two separate cost brackets:

Rupees 9,000 or Rupees 10,000- If you are not a start-up, small enterprise or an individual you will fall under this bracket. You have to pay rupees 9,000 for e-filing of the from or Rupees 10,000 if you file the form in person with the Office of Trade Marks.

Rupees 4,500 or Rupees 5,000- If you are an individual, small enterprise or a start-up then you fall under this bracket. Rupees 4,500 is the charge for e-filing of the form or Rupees 5,000 if you file the form physically.

While filling the form make sure not to make any mistakes, this may lead to delays or even rejection of the application. You have to fill in all the details and also add a picture of the trademark with the dimensions of 9 by 5 cms. You may be required to attach five duplicates of the same. The full file must be then submitted with two duplicates when filing.

You can file it online or by yourself or by an agent, whichever is convenient for you. Confirmation of filing will be done immediately if done online, if done physically it may take up to 15-20 days.  

5. Online Trademark Registration Procedure

Step 1: Surf internet for a brand name that is “wacky-enough”

This is simply a short and best way for any newcomer to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure yourself that you are not picking a brand name that is already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.

Step 2: Preparing a trademark application

The following supporting documents together with the application have to be submitted for online trademark registration:-

– Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, ID proof of the proprietor viz. PAN card or Aadhaar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.

– Soft copy of the trademark.

– The proof of claim (which is applicable) of the proposed mark can be used in another country.

– Power of attorney to be signed by the applicant.

Step 3: Filing the application of brand name registration

Manual Filing and e-Filing are the two different ways for filing the trademark registration application (form TM-A). If you choose ‘manual filing’ then you have to personally move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment.

But in the case of an e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!

Step 4: Examining the process of the brand name application

Once the application is dispatched, the Registrar of Trademark will check out whether you have followed certain terms and that your brand name complies with, the existing law. Moreover, there should not be any similarity or identical with any existing or pending brands for the registration. This is the reason why we preferred you to choose a quirky brand name!

Step 5: Publication of your brand in the Indian Trade Mark Journals

After the process of examination, the Registrar of Trademark will publish your brand name in the Indian trademark journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 4 months from the date of publication. When there is no opposition, the Registrar of Trademark will proceed towards issuance of Trademark Registration Certificate.

Step 6: Trademark Opposition

If there is any opposition by a third party within 4 months of the trademark publication in the trademarks journal, the Registrar of Trademarks will give you a copy of the notice of the opposition. You need to reply to the opposition notice by filing a counter-statement within 2 months of the receipt of the opposition notice. If you do not submit the counter statement within 2 months, the trademark application will be considered to have been abandoned and rejected.

However, if there is no opposition within 4 months, this step will not apply to you, and your brand name is proceeding towards acceptance for the issuance of Trademark Registration Certificate.

Step 7: Hearing on Trademark Opposition

This step will not apply to you, if there is no trademark opposition.

However, if your trademark is opposed by a third party and you send your counter-statement within 2 months, the Registrar of Trademarks will send your copy of the counter-statement to the third party opposing trademark registration.

Evidence must be submitted by you and the third party in support of your case. The Registrar will give you and the third party an opportunity of hearing after submission of evidence. After hearing both the parties and considering the evidence, the Registrar will pass an order of acceptance or rejection of the trademark application. If the Registrar of Trademark accepts your trademark application, then he will process to issue registration.

Step 8: The trademark registration certificate issuance

The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 4 months or on acceptance of your trademark application after trademark opposition hearing. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.

Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.

7. Registration- Once your trademark is approved the registry will give you a Trademark Registration Certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. Trademark registration can be renewed after this period. Renewal can be done indefinitely.