How to Register Trademark in India

The term Trademark is one of the legal term of “intellectual property”. The Dictionary meaning stating it as a symbol, word, or words legally registered or established by use as representing a company or product. One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image or a combination of these elements. A trademark identifies the brand owner of a particular product or service.

In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government of India. The most common question in mind arise is how to register my trademark in India? One can get the trademark registered under the trademark act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 1or 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.

Who can apply for Trademark?

A trademark application can be done by private firms, individuals, companies, LLP’s, or NGO’s. In the case of NGOs, LLP’s or companies, the trademark has to be applied for registration in the name of the concerned business.

How to register trademark in India?

3 simple steps to follow:

Step: 1 Conduct the Trademark search

Step: 2 Class Selection

Step: 3 Preparing the Application

Step: 1 Conduct the Trademark search:-

How to check registered trademark in India is also the most frequent question. Conducting a trademark search can help to know the existing registered trademark. Trademark search is a detailed check on the trademark logo and brand name that one had selected to ensure that it is not yet registered under anybody else’s name. The trademark can be registered once it is found to be unique from all. In case your logo or brand name is already registered by someone else, one can find ways to modify it so that the registration does not get cancelled.

Step: 2 Class Selection:-

While applying for registration, one need to apply it under the right classification of classes. The trademark offers you the right to sell under a particular brand name. The Trademark Registry has categorized the Goods and services into 45 different classes. Every logo or brand name has to be registered under the appropriate class. For example, the Class 25 pertains to Clothing, footwear, headgear. Hence, if you are planning to launch a new Cloth or footwear brand, you will have to apply under the Class 25.

Know all trademark classes here

Should you need any help identifying correct class / classes, get in touch for a free consultation on info@ebizfiling.com or call 9643203209.

Step: 3 Preparing the Application:-

Once a suitable class (classes) is identified, one can file the Trademark application online. One will immediately be provided with a TM number (acknowledgment receipt), generated from the registrar. The TM number is important for two reasons. One is that it helps you to track your application and two, it allows you to use the ™ symbol near your trademark with immediate effect.

Benefits of registering a trademark in India:

• Trademarks protect your brand and goodwill, products and services. They give uniqueness to your brand.
• Trademarks are an effective communication tool. They speak for themselves.
• Trademarks make it easy for customers to find you. They set a brand apart from the crowd.
• Trademarks allow organizations to effectively utilize the power of the Internet and social media.
• Trademarks are valuable assets and it keeps appreciating over time.

Trademarks are easy to apply and easy to use.

Documents required for trademark registration:-

• Name of Applicant
• Type of Business
• Main Activities of Business
• Name of Brand/Logo
• Address

Get Started With Trademark Registration

FAQs

1.What happens if a trademark is objected?

Status: Objected. If the Examiner /Registrar raises objections in the Examination Report, the status of your trademark application will show as “Objected”. To overcome this objection, it is essential to show that the trade mark is characteristically distinctive.

2.How much time it takes to register a trademark in India?

Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

3.What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:

• A word or design mark
• A certification mark
• A distinguishing guise.

4.Is logo a trademark?

Trademarks include company names, logos, slogans and designs used to identify and distinguish a company’s goods in its business trade. The physical mark can be a word, sign, symbol or design that identifies the trademark owner. One type of trademark includes the company logo.

5.What TM means?

What does the symbol ^TM mean? The symbol ^TM is used to provide notice of a claim of common-law rights in a trademark. A ^TM usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo or other indicator is being claimed as a trademark.

6.How important is trademark?

Trademarks are also used as a way of protecting consumers. When businesses are responsible for any products or services bearing their trademark, they tend to take more pride in products. Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.

Get Started With Trademark Registration

About EbizFiling.com :

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Get in touch for a free consultation on info@ebizfiling.com or call 9643203209.