Trademark Registration in India is regulated by Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999. Basically, it provides the trademark owner the right to sue for damages when infringements of trademarks occur.
You can represent graphically and register the Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a Combination of colors as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.
If you are starting a new business or already you are in the business, you can separate yourself from others by registering “Trademark”. While applying for Trademark, you will need to decide the categories under which it wants protection. In all, there are 45 categories/classes in the Trademark Act. While Categories 1-34 deal with goods, Classes 35-45 deal with services.
Document Required For Trademark Registration
In the time of applying for Trademark, you must submit a copy of the trademark to be registered along with the address and identity proof of the trademark owner. In case of Company, you must submit the name of the Company along with its Certificate of Incorporation and Address proof.
- A soft copy of the logo in JPEG format.
- TM 48 ( the form of authorization).
- Date of first use of the mark.
What Does Trademark Registration Contain?
Currently maintained in an electronic form, the trademark contains the following:
- The class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers.
- Address of the proprietors.
- Particulars of trade or other description of the proprietor.
- The convention application date (if applicable).
- Place where a trademark has been registered with the consent of the proprietor of an earlier mark or earlier rights.
Trademark Registration Process in India
The 1st step in Trademark registration is choosing a brand name and selecting the right class for the application.
Check the availability of the name. You have to check if there are similar trademarks already registered under that particular class. Here you need to take another important decision, whether you will apply In your name OR the name of your company. If it is in your name, you can use it even if you close the business and start another. Many small business owners tend to use this method while getting trademark protection.
If you register the trademark in the name of the company, the company means the shareholders will own it. These shareholders can change from time to time.
You can also register the trademark in your own name and enter into a trademark license agreement with the company. You can always revoke the agreement if you want to close/quit the company.
File application for a trademark on Form TM-1 with the prescribed fee of Rs 3,500 at one of the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. This will depend on the place where you reside or have your main place of business.
Once you register your trademark, you will get an official receipt with a TM number.
Then, the department will file an examination report within three months from application. You will get a response to your registration either by an affidavit, a hearing or by an interview.
The agency will look at your application to ascertain if it does not conflict with existing registered or pending trademarks. Based on this, an examination report is issued.
As you defeat objections raised by the registrar, the authority will publish your application in the Indian Trade Marks Journal. It comes with an endorsement stating either that it has been accepted or that it is being published before acceptance.
After publication, any person has three months (which can be extended to a month at the registrar’s discretion) to file a notice of opposition to registration.
The authority considers the acceptance or refusal of your trademark application once they complete the opposition proceedings.
Registered trademarks are valid for 10 years from the date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark registration current.
E-filing Of Trademark Registration
You can also apply for Trademark Registration electronically. Through E-filing you will get following facilities immediately:
- Receive a trademark application number
- Online verification to assure error-free filing and obtain your filing date
- Speed up the registration process
- Print the completed application data and receive fee acknowledgment
- Save the data locally in your PC
- Be able to recall your contact details for subsequent applications
- You can also view online history and status of the applications filed by clicking “Status of Filed Application” and the online status of e-Payments.
Different Costs For Trademark Registration
- New Trademark Registration application filling is Rupees 3,500.
- To file a notice of opposition to oppose an application published in the Trade Marks Journal a (FormTM-5): Rs 2,500
- For Renewal of a registered trademark (Form TM-12): 5,000
- Surcharge for late renewal (Form -10): Rs 3,000
- Restoration of removed mark (Form TM-13): Rs 5,000
- Application for rectification of a registered trademark (Form TM-26): Rs 3,000
Trademark Registration is also beneficial for the entrepreneurs who are looking for financial investors. Investors also thoroughly check the protection of intellectual property of the firm where they are intending to invest their money.