Trademark registration in India

Are you thinking about registering a trademark in India if you currently own or plan to own a business? Is having it necessary for a company, or is it more of a nice-to-have? How would you feel if someone were to use your business name without your permission?

Imagine this: you've put in immense effort to establish your brand and earn the trust of your clients. But then, you stumble upon a disheartening realization - you're unknowingly encroaching on someone else's trademark. Unfortunately, you won't be able to use that name for your business. It would be a tremendous waste of time, effort, and money! Are you interested in preventing damaging situations that could negatively impact your company's reputation? All the effort you've dedicated to establishing the brand's image could potentially be lost!

Having a business name, brand, logo, image, and legally protected identity are incredibly important for any business. Trademark registration plays a crucial role in ensuring that these elements are safeguarded and helps in achieving this objective. Hence, it is crucial to register a trademark in India. Continue reading to discover more about the fees associated with trademark registration in India.

What is Trademark Registration in India?

Trademarks are logos and brands that act as representations of your business. The owner of a trademark utilises different visual symbols, like a word signature, name, device, label, numerals, or a combination of colours, in order to distinguish their goods or services from those provided by other companies that are similar. Manufacturers and service providers use trademarks to differentiate and identify their products and services. Trademarks can be in the form of words, symbols, logos, brand names, packaging, labels, taglines, or combinations of these elements. Trademarks are extremely important in differentiating the products or services of one owner from those provided by competitors.

Who is eligible to apply for a trademark?

Anyone, regardless of their status as an individual, company, sole owner, or legal entity, has the right to claim ownership of a trademark. You can choose to submit the brand application within a few days and then start using the "TM" symbol.

On average, it usually takes between 8 and 24 months for the trademark registry to complete the required formalities. After your trademark has been registered and you receive the official registration certificate, you have the right to use the ® symbol (Registered symbol) with your trademark. After ten years from the filing date, a trademark can be renewed regularly.

Trademarks have several important functions:

• A brand serves as a means of identifying a product or service and its origin.
• The product or service ensures high quality standards.
• Can assist in promoting and marketing your products or services.

Types

In India, there are various types of trademarks that individuals and businesses can register to protect their intellectual property. 

Trademarks are classified into numerous types:

• Name of the applicant (containing surname, personal name, and signature).
• Any term that is not directly related to the goods/services, such as a coined word, created word, or random dictionary word.
• It might be alphanumeric, letters, numbers, or a mix of the three.
• Images, logos, symbols, shapes, and elements are all used.
• Marks in audio format with sound.

Documents Required

In India, trademark applications must include the following documents:

• Trademark or logo copies
• The applicant's information includes the applicant's name, address, their nationality, and the jurisdiction of registration.
• The products or services that must be registered.
• Outline when you initially utilized the brand name in India.
• The applicant must execute a power of attorney.

How Do I Register a Trademark in India?

Here is a full step-by-step instruction on how to register a trademark:

Performing trademark research and analysis

Before completing a trademark registration form, make sure to search for a one-of-a-kind and recognisable trademark. You should conduct this study to determine if there is already a similar mark to the one selected by your organisation. Additionally, you will find out if there is a competing company in the same industry. All trademarks are listed in the Trademark Registry.

Completing an Application Form

Once the research phase is finished, the application process commences. In order to register a trademark application, you will need to fill out Form TM-A either online or in person at the Trademark Registry Office. You are required to provide all the required documents and fill out the trademark details. Additionally, if a trademark is currently being utilised, it is necessary to provide an affidavit and evidence of previous usage.

The technique used during an examination.

After you submit your trademark application, the Registrar will carefully examine it and provide a report within 30 days. The report determines if the application will be accepted or rejected, and also includes the necessary supporting documents. You are required to respond and provide valid justifications within 30 days of receiving the examination report, stating why the application should not be rejected.

Post Examination Process

Post-examination procedures refer to the steps that need to be followed after completing an examination. These procedures are important to ensure that the examination process is properly concluded and all necessary actions are taken. The following is a

Failure to respond within a designated timeframe following the submission of your trademark application will result in the rejection of your application. If needed, an examiner has the option to hold a hearing in order to settle any disputes. After the hearing, the analyst will decide whether to grant or reject the request. If the mark is given approval, it will be published in the Trademark Journal for a duration of four months.

Publicize the Trademark Application.

After the trademark is published, any other party has the right to file an opposition against you. If there are no objections, the trademark is registered. In the event that someone disagrees with the publication, the Trademark Hearing Officer will require your presence at a hearing. 

This entails providing evidence to evaluate the approval of the trademark. The decision made by the Trademark Hearing Officer has the possibility of being appealed to the Intellectual Property Appellate Board.

Certificate of Registration

The certificate of registration will be granted if there are no objections to the application for trademark registration.

Method

If you're curious about the process of acquiring a trademark in India, you have the option of registering either online or offline.

Method of Operation: 

Online

Below is a detailed guide on how to register a trademark in India:

• To begin, conduct a thorough trademark search to identify any trademarks that may be similar to yours. This will help you in developing your logo accordingly. Once you have confirmed that the logo you have selected does not pose any conflicts, you can proceed with the registration process.
• To complete the online registration of a trademark, visit the official website for E-Filing of Trademarks. 
• Please submit a digital signature and complete all the required information for trademark registration. 
• Please ensure that all necessary documents are submitted. Prior to commencing the application process, an examiner will thoroughly review all documents and verify the signature.
• The trademark will be published in the Trademark Journal. The authorities find it helpful when the trademark is published in the journal because it allows them to receive complaints from third parties. If there are no objections raised during the specified time period, the official will give permission to proceed. In the event that any challenges arise regarding the trademark, the officials will conduct a fair hearing.
• At last, the registrar provides the applicant with the registration certificate. The trademark has a validity period of ten years.

Offline Mode

Offline mode is a feature that allows users to access certain functions or content on a device without an internet connection.

To apply for a trademark in offline mode, you can follow the steps outlined below:

• You can also register a trademark by physically going to the relevant Trademark Registry Office.
• Make sure to gather all the necessary documentation that is required for your application submission.
• After verifying all the necessary paperwork, the officials will proceed to publish your trademark in the Trademark Journal, which aims to invite any potential objections. If there are no objections from any third party within the given time frame, the official will continue processing your application. If there are any obstacles to the trademark, the authorities will conduct a just and impartial hearing.
• The trademark is approved by the official and the applicant is given a registration certificate.

Classification

Once registered, the owner gains the ability to defend their trademark. The production of products and services is classified into several categories. Each class has its own registration process. This categorization encompasses about 80,000 items and services.

The following are the trademark classes:

Products and goods

• Class 1: Chemicals, resins, and plastics
• Class 2: (Varnishing agents, paints, and anti-corrosion materials)
• Class 3: The following items are cosmetics, hair oils and lotions, and cleaning supplies.
• Class 4: (Fuels, Grease, and Lubricants)
• Class 5: (Preparations for Medicines, Health Care, and Sanitation)
• Class 6: Goods made of metals and alloys, ironmongery, and hardware 
• Class 7: (Field Tools and Machines)
• Class 8: (Tools and devices that can be used by hand)
• Class 9: Science, technology, and electrical equipment 
• Class 10: (Medical and surgical tools and equipment)
• Class 11: (Apparatus for Heating, Cooling, Drying, and Refrigerating)
• Class 12: Boats, planes, and cars
• Class 13: (Firearms and Explosives)
• Class 14: (Jewellery, precious stones and metals)
• Class 15: (A Variety of Musical Instruments)
• Class 16: (Products made of paper, office supplies, and printed materials)
• Class 17: (Goods and Items Made of Rubber and Plastic)
• Class 18: Items made from hides, animal skins  and leathers
• Class 19: (Different Building Materials That Are Not Made of Metal)
• Class 20: (Furniture and other valuable home goods)
• Class 21: (Kitchen Tools, Home Appliances, and Glass Items)
• Class 20: Ropes and cordage, fibers, and stuffing products
• Class 23: (Threads and yarns used in clothing)
• Class 24: Textures and fabrics 
• Class 25: (Clothes and other clothes)
• Class 26: (Fancy Goods and Products)
• Class 27: (Wall hangings and floor coverings)
• Class 28: Toys, sporting goods, and sports goods 
• Class 29: (Meats and processed foods)
• Class 30: (Additional Food and Drink Items)
• Class 31: (Products for farming and gardening)
• Class 32: Beers, light drinks, and fruit juices 
• Class 33: (Drinks and Wines)
• Class 34: (Tobacco Products and Items for Smokers)

The services are:

• Class 35: (Marketing, running a business, and management)
• Class 36: (Services for Finance and Insurance)
• Class 37: (Building Repairs and Construction)
• Class 38: (Telecom)
• Class 39: (Moving and storing goods and items.)
• Class 40: (Treatment of materials)
• Class 41: (Education and Fun)
• Class 42: (Law, computers, and science)
• Class 43: They are hotels and restaurants.
• Class 44: (Health, Beauty, and Agriculture)
• Class 45: (personal and social services.)

Why Adviso?

How to Check the Trademark Application Status?

Follow the procedures below to verify the status of your trademark application:

• Go to the official E-Register & Application Status website. 
• Once on the website, click the Trademark Registration Number or Registered Trademark option. 
• Next, input the Trademark or Application Number and the code that appears on the screen. 
• Finally, you will be able to see the status of your trademark application.

Why Choose Adviso?

For businesses wishing to protect their brand, Adviso trademark registration service provides online trademark registration. Our services include trademark registration, trademark name registration, brand trademark registration, and more. Don't leave the security of your brand to chance; rely on us to guide you through the trademark registration procedure online.