1. What is Trademark?

A registered trademark is your business’s intellectual property or intangible asset and acts as a protective cover of the company’s investment made in the logo or brand. It identifies a product as belonging to a specific company and recognises the company’s ownership of the brand.

Trademarks in India are registered by the Controller General of Patents, Design and Trademarks, Ministry of Industry and Commerce, Government of India, under the Act Trademark Act, 1999.

Once this trademark get registered , one can use an R symbol along with it, and this is valid till 10 years from the date of Registration ,this trademark can be re-registered for another 10 years once get expired.

2. Who Can Apply For a Trademark in India?

The person whose name is mentioned as the applicant will be declared as the owner of the trademark in the Trademark Registration Form. Any individual, a company, partnership firm, LLP, and NGO can be an applicant and may file the application for the registration of the Trademark.

3.What are the types of Trademarks that can be registered in India?

The process of brand trademark registration in India is now possible and convenient such that you can trademark any one of the below things or even a combination of the following:

– Letter
– Word
– Number
– Phrase
– Graphics
– Logo
– Sound Mark
– Smell or a mix of colors

4. Trademark Registry

Trademark Registry is the place where Trademark application is submitted either physically or Online. The Head Office of the trademark registry is in Mumbai and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. When registering a trademark, it is registered under the Trademark Act, 1999 and then the registry of trademarks registers it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.

5. What steps involved in Trademark application filling process?

• Trademark Search:

A detailed check on the trademark logo and brand name selected to check that such trademark is not already registered under someone else name. Trademark should be unique. Web-link for search trademark:https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

• Selection of Class:

For registration, one need to apply it under right classification of classes.in total there are about 45 sectors and each sector is named as a class. Goods and services are classified into 45 different classes by the trademark Registry. Weblink for Class Search:http://euipo.europa.eu/ec2/

• Application Preparation:

The required documents along with the application:

Business registration Proof:

• An identity proof of the company’s directors and address proof have to be submitted and address proof of the company, and in case of sole proprietorship (ID proof of the proprietor i.e. PAN card, Aadhar card)
• Power of attorney to be signed by the applicant.
• The proof of claim (which applicable) of the proposed mark can be used in another country.
• Soft copy of the Trademark.

• Application filling and Registration of Brand name:

Once you filed the application online, and it get approved you will receive acknowledgement, and you are eligible to use Trademark™ symbol beside the brand name.

The registrar will check the brand name selected complies with the existing law, and that there is no conflict or dispute amongst any existing or pending brands for the registration. Weblink for Application filing:https://ipindiaonline.gov.in/trademarkefiling/user/frmloginNew.aspx

• Publication of Brand in the Indian Trade Mark Journals:

The registrar will publish the selected brand name in the Indian Trade Mark Journal, if there is no opposition is received within 3 months (90 days or 120 days in some of cases from the date of publication, then it proceed towards the acceptance.

• Trademark Registration Certificate:

Once the Registrar accepts the application after no opposition being received, Registrar will issue the Registration Certificate with the Trademark Registry seal. And then this registered trademark can be use beside the brand name.

• If Trademark is Rejected:

If anyway the Trademark application is rejected, the applicant can go for a hearing, where the officer can be convinced with the provided documents then the application will be passed, and if application is rejected again the Intellectual Property Appellate Board can be contacted.
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