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E Register Trademark: A Detailed Guide

Trademark registration

E register trademark is an online process of registration of a trademark. It provides thrust to the brand value which could be converted into increased sales for the company. Trademarks are distinct and unique symbols that make it easy to identify products or services from a specific company such as the logo of a tick sign for Nike, etc.

A trademark is a letter, sign, or word that helps in the identification and distinguishes products or services from other companies. The exclusive rights of trademark owners are protected under the Trademark Act, 1999. The Trademark Registration official website is an all-in-one online website in India for Intellectual property. It vests owners with the right to sue the infringer in case of trademark infringement.

How to get E register Trademark in India?

Trademark registration in India is carried out by the Controller General of Patents Designs and Trademarks (CGPDT), also known as the office of the Registrar of Trademarks in India. E filing trademark registration process is explained to register trademark in the steps given as follows: -

1. Choosing a trademark - There is a total of 45 categories of trademarks, and you have to choose as per your business requirement.

2. Trademark Registration search – On the official website, you can find an option to do a public search. Then, you need to click on this option and you need to choose your class, and search the online database.

3. E filing trademark application for E register trademark –

To register on the Trademark Registration official website, you will need the following information:
- Name of the Applicant

- Identity and Address Proof documents,

- Business type and objectives with the specific class

- Soft copy of the logo

- Registration address

The applicant receives a trademark number/application number which helps to track the status of trademark application

4. Trademark Examination process of the trademark application

The trademark office conducts a formal check of the application. The check is conducted on the rules and guidelines set by the Controller General of patents, designs and trademarks. In case of any issue in the application, the trademark officer will send a trademark objection notice. For completing the process of E register trademark, you must respond to the notice within 30 days of receiving it with adequate reasons and proof.

5. Publishing Trademark – There is a chance for people to raise objections for three months. If there is no objection, then the registration certificate will be issued and you can successfully register the trademark.

6. Trademark opposition – When trademark oppositions by third parties are made, you need to submit an opposition response.

7. Registration of Trademarks – Once the trademark is registered, you can start using the R symbol next to your mark.

Every registered trademark has to be renewed after 10 years time period to ensure the protection of your brand.

What are the Steps to Check Trademark Registration?

The steps for the E register trademark check are given below:

1. Log in to the IPIndia Trademark Registration

2. Click on the trademark tab and then click on public search

3. There are three search criteria available –

  • Wordmark
  • Vienna code and
  • Phonetic

4. Once the criteria are selected, the keyword field change

5. After entering all the details, Click on the search button

6. The results will show either registered/objected/abandoned which will help to decide the trademark registration.

What is the Trademark Registration Cost in India?

The trademark registration fees in India are given in separate two categories i.e., non-Individual and Individual, MSME categories. The registration is done on the IP India E register trademark website.

The trademark filing cost fees forms for registration of all non-individuals such as companies, and LLPs are Rs. 9000/- per application. Other than the government fees, the attorney fee for trademark registration depends on the attorney. This is a huge amount for small businesses like MSMEs, start-ups, sole-proprietor, and individuals, The government of India, pursuant to Trademark Rules, 2017 has reduced the fees by 50% to Rs. 4500/- per application.

What is a Trademark Search?

Trademark search is a process that includes verification of the existence of a trademark in the Indian market and its authenticity. The trademark logo and the registered trademark logo are used to indicate trademarks.

An E register trademark search is conducted to find out whether there is any kind of unauthorized use of trademarks or not. The trademark search in India is conducted on an online database which is available through the website of the Comptroller General of Patents Designs and Trademarks. It can be used by any person applying for trademark registration.

What are the Different Ways to Conduct a Trademark Public Search?

A trademark search public can be done by companies or individuals in two different methods:

1. Initial search: The first method which is also known as Preliminary search. It checks online records in the Indian trademark database register. To conduct this type of search, the individuals must give details regarding the search type, the specification of a class of E register trademark, and an explanation of goods and services.  

2. Complete search: The second method of searching will need help of the professional. An individual can ask help from a professional. Such professionals give comprehensive reports based on records of businesses and trade publications in trademark journal.

What are the Benefits of Trademark Registration?

Trademark registration has several benefits for the owner:

  • Brand recognition –

Customers can identify the brand quality, features, performance, and much more through the registered trademark.

  • Ease of differentiated product -

Trademark Registration is distinct to the goods and services they represent.

  • Creation of an asset -

Trademark Registration creates a valuable asset for a company. Trademark is recognized as intangible asset for accounting and income tax purposes.

  • Business valuation and goodwill -

E register trademark associated with products enhances your overall business value, goodwill, and net worth in the industry.

  • Business expansion –

Trademark establishes the connection between the customers and the products of an enterprise.

  • Legal protection –

Trademarks are classified as Intellectual property and therefore protected from Infringement

Create Intellectual property assets for the company that can be sold, assigned, franchised, or commercially contracted. It enables companies to reduce marketing campaign budgets for promoting particular goods and services.

Closure Now…

The Controller General of Patents Designs and Trademarks (CGPDT), also called the office of the Registrar of Trademarks in India provides an online process for E register trademarks. It is vital as it prevents another party from misrepresenting other products with your mark and copying your mark. Trademarks are distinct and unique symbols that make it easy to identify products or services from a specific company. In this article, we have discussed the process of trademark registration and its fees.

 

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