Trademark Registration Portal - Procedure & Status

Trademark Registration Portal is an online portal of registration that enables an applicant to apply symbols in order to identify their goods or services from those supplied by the competitor. Once a trademark is registered in India, it cannot be used by anybody except the owner of the trademark.

A trademark is a word, design, symbol, or logo which differentiates a product from other products of a similar kind. A trademark public search helps in understanding whether we can register a trademark or not.

It is the protection given by the government to businesses for having the unique registration of a trademark. In this article, we will be understanding the online process and cost of trademark registration in India.

What is a Trademark Registration Portal?

A trademark is a word or logo which helps in identifying your business. It is a visual symbol like a word, name, letter, or combination of all of these used by the owner of the trademark for goods or services. 

Trademarks can be registered online as well as offline. It is registered under the Trademark Act, 1999 and provides the trademark owner the right to sue for damages when infringements of the trademark occur.

What is the Logo Registration?

The logo is the Intellectual property (IP) of an association and one should file with a specific objective to make the brand mindful among potential buyers. It conveys a significance with regards to lawfully keeping up business services.

The logo and registration of the trademark are filled in on the Trademark Registration Portal. The process and fees charged for trademark logo registration are governed by the Trademark Act, 1999.

How to Register Trademark in India?

Trademark Registration online is conducted by visiting the Trademark Registrar website. It is an online portal for the Registration of trademarks in India. The trademark registration process is given in the steps mentioned below: -

Step 1: Choosing a trademark –

You should select a distinct mark for representing the brand in the market. Currently, there are 45 classes of goods and services under which trademarks can be registered.

Step 2:  Trademark Search –

When you have selected a trademark, then you can conduct a free public search. It is conducted on the Trademark Registration Portal which is also an online database of the trademark registry; you need to choose a specific class and search the online database.

Step 3: Filing Trademark Application–

To register on the official portal of registration, you will need to file Form TM-A with the following information:
- Business registration proof

- Identity and Address Proof documents,

- Soft copy of the logo

The applicant receives a receipt of acknowledgment on the government website to use your trademark symbol beside your logo.

Step 4: Examining the process of brand name registration in India -

Once the application is dispatched, the Registrar of the trademark will check whether the existing laws have been followed. The Trademark Registration Portal is an official website for the registration of a trademark. There should not be any similarity between an existing mark.

Step 5: Publication of Trademark –

After the process of examination, the registrar will publish your brand name in the Indian trademark journal. The public can raise any kind of objection within three months from the date of publication. When there is no opposition, then the registration certificate will be issued and you can successfully register a trademark.

Step 6:  Trademark Opposition –

When trademark oppositions by third parties are made within three months, you need to submit an opposition response within two months.

Step 7:  Trademarks Registration Certificate –

A Trademark Certificate is given by the registrar when the trademark is approved on Trademark Registration Portal. It is provided within 90 days from the date of application, provided there are no objections. The trademark certificate is issued by the Registrar of Trademarks i.e., the controller general of patents, designs and trademarks in India. Once the trademark is registered, you can start using the R symbol next to your mark.

How Long it Takes to Obtain Trademark Registration?

Your trademark application will be filled out within 1 day from the date of receipt of the documents. However, registration of a trademark may take anywhere between 6 months to 2 years to register to depend upon the Trademark objection raised.

After filing, your trademark through Trademark Registration Portal will be filtered through the following stages as shown below:

1. Vienna code classification

2. Trademark examination

3. Journal publication

4. Registration of Trademark

How do You Check Brand Registration Status?

Trademark application status consists of different stages of scrutinizing the trademark application where they are checked for any discrepancies or similarities. You can check the status of the application by filling in the allotment number provided to you. You must follow the below-mentioned process to check the status:

1. Trademark login to the official website

2. As you Trademark login India to the website, Select ‘Trademark Application/ Registered Mark’. After that, select the National IRDI number displayed on the screen

3. The third step is to enter the Trademark Application No. with the captcha displayed on the screen, then click on the ‘view’ option.

4. The Trademark Status of the trademark application filled on the Trademark Registration Portal will be displayed.

Important Things to Remember before Applying for Registration

A trademark is a company’s most valuable asset. It is a manner of recognition and contributes towards building the image of company in public. Here are some of the vital points to keep in mind before applying for registration of a trademark:

• A visual representation – Trademarks can be registered in many types such as Word marks, service marks, logos and symbols, the shape of goods, series marks, collective trademarks, certification marks, sound marks, etc.
• An Intangible asset – A trademark being an intellectual property brings various benefits to the company. When a trademark is registered, it can be traded, franchised, contracted and distributed.
• Trademark search – A search is carried out on Trademark Registration Portal to check if a particular trademark already exists or not.
• Trademark class search – There is a total of 45 classes of a trademark that specifies the different goods and services.
• Voluntary registration – The registration of a trademark is done voluntarily. With registration, the owner gets an identity and ownership regarding the trademark registered.

Conclusion

Registration of Trademarks is conducted by the Controller General of Patents Designs and Trademarks (CGPDT), also called the office of the Registrar of Trademarks in India provides an online procedure for the registration of Trademarks. 

It is important as it avoids misrepresentation of other products by the third party 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 the trademark registration portal and the status of the trademark.

To Apply for Trademark Registration, connect Onlinexbrl.com and get your Trademark Registered in 4 Hours.