REGISTRATION PROCESS OF TRADEMARK IN INDIA

 

REGISTRATION PROCESS OF TRADEMARK IN INDIA

 

Trademarks are the best way for businesses to secure their brand amid competitors and big names. In today’s modern world, perfecting only a business product and services is not sufficient, trademarks aids in the enhancement of brand recognition amongst varied consumers in the market. And, when you register a trademark, you are legally ensuring that you have proof of ownership over your brand, exclusive rights, Protection against trademark misuse and imitation, flag a trademark infringement, and monetize the trademark.

Registration of a trademark can be done either offline, i.e., by physically going to the trademark registration office based on the jurisdiction and filing the documents, or through online mode, i.e., by E-filing or online trademark registration service in Noida and Delhi which is the most practiced method in contemporaneous times. In India, the trademarks are registered by the Controller General of Patents, Designs, and Trademarks. A few simple steps are explained below for E-filing –Online Trademark Registration Process in India:-

 

STEP1:Register on the Trademark Office Portal,i.e., https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx. The next step in the online trademark registration process can be followed by the user by logging in using User ID or the Digital Signature.

STEP 2: Trademark Search-

Before registration of trademark starts, you have to know if other similar registered trademarks are available corresponding to your business name, brand, or logo in the Trademark Registry, India. This step (trademark search) can be completed at http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx.

STEP 3: Filing Of Trademark Registration :

Once the trademark search is complete, you can opt for registering the same by filing the application for trademark registration with the Trademark Registrar. The applicant has to submit the trademark application in the prescribed manner along with supporting documents and the prescribed government fee. At this stage, the applicant can start using the ™ mark over the trademark. As soon as, the TM application is filed, a receipt is generated and the said application is classed as a new application. This newly generated Trademark application is reviewed by the trademark department and if the application is found complete in all respects, then the next step of trademark examination is followed otherwise trademark department would raise objections and seek clarification from the applicant for which requisite time will be provided to the applicant. In the meanwhile, the applicant can see the trademark status of their application online.  

Note: Read more about Online GST Registration Service In Noida and Delhi.

 

STEP 4: Trademark Examination-

The newly generated TM application is examined by the examiners of the trademark. The examiner might accept the trademark absolutely, conditionally, or object.

If the application is found appropriate by the examiner, then it is accepted unconditionally and the application is advertised in the trademark journal. However, if the application is not accepted unconditionally, then the objections for refusal or conditions to be fulfilled would be mentioned in the examination report. The objections must be resolved or the requirements must be fulfilled within the prescribed time limits by the applicant. 

STEP 5 : Trademark Publication-

After examination, the trademark is published in the Trademark Journal. If after four months of publication, there is no objection raised by the Third-party, the trademark application proceeds for registration. In case of opposition, a fair hearing process is conducted by the Registrar and a decision is henceforth delivered by the Registrar.

STEP 6: Registration Certificate:

Once the trademark application proceeds for trademark registration after publication in the trademark journal, a registration certificate under the seal of the Trademark office is issued. Now the applicant can use the registered trademark symbol( R ).

 

TIMELINE AND RENEWAL PROCESS:

The entire procedure of online trademark registration takes 12-18 months. The registered
a trademark is valid for a period of 10 years from the date of the application filed with the Trademark Registry after which, the trademark needs to be renewed in the prescribed manner. It should be noted that if the trademark is not renewed before six months of its expiry date then it gets removed from the register of Registrar.

 

As seen above the online trademark registration process is simple and easy. We at Digital CA, help you with the entire process of trademark registration and can help you in protecting your trademark in India.