Step by step process for Trademark Registration in India

Updated on : Feb. 17, 2023 - 5 p.m. 17 min read.

A trademark is a recognizable image that represents a good or service and sets it apart from similar ones on the market. It can be a word, phrase, symbol, or even a design. The Trade Marks Act, 1999 governs trademark registration in India, and the Trade Marks Registry is in charge of it under the control of the Controller General of Patents, Designs, and Trade Marks.

According to Indian law, the main goals of trademark registration are to give trademark owners legal protection and to prevent the unauthorized use of marks that could lead to consumer confusion.

A mark must fulfil specific requirements, such as being distinct and not being similar to any other trademarks already in use for the same class of goods or services, in order to be eligible for trademark registration in India. In order to register a trademark, you must submit an application to the Trade Marks Registry, pay the required filing fee, and go through an examination and potential third-party objections.

Once a trademark is registered, the owner has the exclusive right to use the mark in connection with the goods or services for which it is registered. This means that no other person can use a similar mark for similar goods or services without the permission of the trademark owner. In case of infringement, the trademark owner can take legal action to protect their rights.

It is important to note that trademark registration is valid for ten years from the date of registration and can be renewed indefinitely for subsequent ten-year periods. This allows trademark owners to continue to enjoy the legal protection provided by their registered mark.

Eligibility for Trade Mark Registration in India

Any person or entity who intends to use a trademark for their goods or services.
Individuals, sole proprietorship, partnerships, corporations, and limited liability companies.
Assignee who have acquired the trademark through assignment or transfer.
Foreign entities can register their trademarks by appointing an agent or attorney in India.

Documents required for Trade Mark Registration in India for

Individuals

Trademark application form TM-A
Clear representation of the trademark
Details of the goods or services for which the trademark is to be used
Proof of use of the trademark
Proof of identity (such as a PAN card or passport)
Fees for trademark registration

Sole Proprietorship

Trademark application form TM-A
Clear representation of the trademark
Details of the goods or services for which the trademark is to be used
Proof of use of the trademark
Proof of identity of the sole proprietor (such as a PAN card or passport)
Proof of ownership (such as a GST registration certificate)
Fees for trademark registration

Partnership

Trademark application form TM-A
Clear representation of the trademark
Details of the goods or services for which the trademark is to be used
Proof of use of the trademark
Partnership deed
Proof of identity of the partners (such as PAN cards or passports)
Fees for trademark registration

Corporations/ Companies

Trademark application form TM-A
Clear representation of the trademark
Details of the goods or services for which the trademark is to be used
Proof of use of the trademark
Certificate of incorporation
Board resolution authorizing the trademark registration
Fees for trademark registration

Note: The specific documents required for trademark registration may vary based on the nature of the trademark and the goods or services for which it is being registered. It is advisable to consult a trademark attorney or agent for more information.

Where to do trademark registration in India

Trademark registration in India is administered by the Trade Marks Registry under the jurisdiction of the Controller General of Patents, Designs, and Trade Marks. The Trade Marks Registry has offices located in several cities in India, including Delhi, Mumbai, Kolkata, and Chennai.

Applications for trademark registration can be filed either online or in person at the nearest Trade Marks Registry office. It is recommended to consult a trademark attorney or agent to ensure that the application meets the legal requirements and to facilitate the trademark registration process.

Step-by-step procedure to register a trademark in India

The following is a detailed guide to the trademark registration process in India:

Search the Trade Mark Database

Before applying for trademark registration, it is advisable to conduct a trademark search to ensure that the proposed mark is available and not already registered or in use by someone else. The Trade Marks Registry maintains a database of all registered trademarks in India, which can be searched online or at the registry office.

Select the Class of Goods or Services

Trademarks are classified under 45 different classes, with each class representing a specific type of product or service. The class in which the trademark is to be registered must be chosen carefully, as the same mark can be registered in multiple classes if it is used for different goods or services.

File an Application

The trademark application must be filed with the Trade Marks Registry, either online or in person, along with the prescribed fee and necessary documents, such as a power of attorney, if the application is filed through an agent.

Examination of the Application

The Trade Marks Registry will examine the application to ensure that it meets the legal requirements and that the mark is distinctive and not similar to any existing trademarks. If any objections are raised, the applicant must respond within the specified time frame.

Publication in the Trade Marks Journal

If the application is accepted, it will be published in the Trade Marks Journal, which is a weekly publication of the Trade Marks Registry. This gives other parties the opportunity to raise objections to the registration of the mark if they believe that it infringes on their rights.

Hearing and Adjudication

If any objections are raised, the Trade Marks Registry will hold a hearing to consider the objections and the applicant’s response. The registry will then make a decision on whether to grant or reject the trademark registration.

Registration and Issuance of Trade Mark Certificate

If the trademark is granted, the Trade Marks Registry will issue a trademark certificate, which serves as official proof of registration. The certificate is valid for ten years from the date of registration and can be renewed indefinitely for subsequent ten-year periods.

Benefits of Trade Mark Registration

Legal protection: Trademark registration provides legal protection for the trademark and allows the owner to take legal action against anyone who infringes on their rights.
Unique Identity: Trademark registration creates a unique identity for the owner's goods or services, helping them to stand out from their competitors.
Exclusive Right to Use: Once a trademark is registered, the owner has the exclusive right to use the trademark for the goods or services for which it is registered.
Evidence of Ownership: Trademark registration provides evidence of ownership and can be used in court as proof of ownership in the event of a dispute.
Increased Value: A registered trademark can increase the value of a business and can be used as a valuable asset in negotiations and transactions.
Nationwide Protection: Trademark registration provides nationwide protection, allowing the owner to enforce their rights across India.
Easy Licensing and Assignment: A registered trademark can be easily licensed or assigned to another party, providing a valuable source of income for the owner.

By Amit pawar

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