How to Register a Trademark in India?

Trademarks are marks that uniquely identify your trade. They can be symbols, name, image or shape or something unconventional as smell, colour combination or sound. The trade can either be a product or a service. Trademarks allow the customers to identify the source of the products, and it allows the trader to stand apart from the other traders. That being said, if you have given a trademark to your product, you need to protect it, for it is your intellectual property. Trademark registration is a way to protect your brand.

Let us now discuss how to register a trademark in India.

Process of trademark registration in India

Registering a trademark in India involves the following documents that you need to get ready first:

1.       Copy of the logo

2.       ID proof of the applicant

3.       Address proof of the applicant

4.       Udyog Aadhar registration number (if the applicant is an MSME)

5.       Certificate of Incorporation (if the applicant is a company)

6.       Partnership Deed (if the applicant is a partnership)

7.       LLP agreement (if the applicant is an LLP)

The above mentioned documents required for trademark registration should be organized during the process of trademark registration.

Let us now talk about the process of trademark registration in India:

1.       Decide what shall be your trademark: Decide the trademark for your business. When you are taking this decision, know this, it can have long lasting effects. Therefore, take care of the following when you are deciding your trademark:

a.       It should not be offensive to any community

b.      It should not be a copy

c.       It should not be something that is even trying to copy

d.      It should not create confusion among the people

e.      It should be unique.

2.       Perform a trademark search: If you think about a trademark, then there are chances that it might be taken by someone else. In that case, registration is not possible. Therefore, conduct a thorough trademark search online before filing the trademark application.

3.       File the application: The documents that we have mentioned in the above section have to be attached with the Form TM-48. It is the application of trademark registration in India. To get a trademark registered in India, you file this form online through the IPINDIA portal.

4.       Examination of the application: Once you have filed the application, your job is complete. The examiner is then going to check the application and based on his scrutiny, create a trademark examination report. There are two types of notifications that you have receive after trademark examination:

a.       Trademark accepted

b.      Trademark objection

In case the instance is of trademark objection, you have to file a trademark reply. By doing this, your hope is to get the trademark accepted again.

5.       Trademark publishing: After the acceptance of trademark, it is published in the trademark journal. It stays published for 4 months. During these months, it is visible to the general public. They can pose a trademark opposition against your registration. If there is opposition, there is a whole bout of trademark hearing until either the opposition is resolved or trademark is abandoned.

6.       Trademark registration: After 4 months of waiting period or after the trademark opposition is dealt with positive results, you get trademark registration certificate. It is the very proof that your trademark is registered. This allows you to use the symbol (R) with your trademark.

Once you have registered your trademark in India, it is valid up to 20 years. Once these 20 years are over, you need to apply for trademark renewal.

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Created on May 2nd 2019 01:08. Viewed 441 times.

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