As per Section 2(1)(zb) of the Trademarks Act, 1999, "trademark" means a mark capable of being represented graphically and can distinguish the goods or services of one individual or organization from those of others. This can include various elements such as the shape of the goods, their packaging, and a combination of colors, among others.
It further clarifies that a "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors.
Trademarking your company's name is crucial for safeguarding your brand's reputation and the hard work, ideas, and resources you invested in it. Although the process of obtaining a trademark may take time, it is essential to avoid the worst-case scenario of having your brand infringed upon and facing a lawsuit from a larger competitor.
Who Can Apply For A Trademark?
In India, any legal entity or individual, including partnerships and companies, is eligible to apply for a trademark. To qualify, individuals must be 18 years or older and capable of entering into legal contracts, while legal entities must be registered under the relevant laws.
Joint applicants can also apply for a trademark, but all co-applicants must be listed in the application and will be considered as co-owners of the trademark.
Applicants for a trademark in India must have a genuine intention to use the trademark in connection with the goods or services specified in their application. Failure to use the trademark within five years of registration may result in the cancellation of the trademark.
How To Register A Trademark?
The process of registering a trademark is carried out by the organization responsible for maintaining trademark records, commonly known as the trademark registry.
TRADEMARK REGISTRY- Established in 1940, the trademark registry currently operates in conjunction with the Trademark Act passed in 1999. As the functional arm of the Act, the registry is responsible for enforcing all trademark laws and regulations in India. Its headquarters is in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. To register a trademark, it must comply with the conditions of the Trademark Act of 1999 and be registered by the trademark registry after a thorough review of its eligibility.
To register a trademark in India, you can follow the below steps:
1. Choose a trademark
It is crucial to select a distinctive and exclusive trademark that accurately represents your business. Another important factor is determining the relevant class under which your trademark will be registered. Currently, 45 classes classify goods and services for trademark registration purposes. Classes 1-34 pertain to goods, while classes 35-45 pertain to services.
To verify the appropriate class for your trademark, you can click on the following link-
https://www.wipo.int/classifications/nice/nclpub/en/fr/?basic_numbers=show&class_number=2&explanatory_notes=show&lang=en&menulang=en&mode=flat¬ion=&pagination=no&version=20190101
2. Conduct a Trademark Search
It is recommended to perform a trademark search before submitting a trademark application to confirm that no similar or identical trademarks already exist. This can be conveniently conducted online through the website of the Controller General of Patents, Designs and Trademarks, where a public search option is available. By selecting your class and browsing the online database, you can perform the search.
Alternatively, you may opt for legal services, which although will require payment, is a safer option. If your trademark faces objections, the cost of legal services will be lesser. Legal services not only include searching, but also aid in the entire process of trademark registration.
3. File a Trademark Application
After completing the trademark search, you may proceed to file the trademark application either through the Indian Trademark Office's website for online filing or by visiting the appropriate office for offline filing.
Form TM-A allows you to register a trademark across multiple classes or as a series or collective trademark. You can file a single application using this form, which is available for both online and offline filing. The filing fee is based on whether you are an individual or part of a small enterprise or start-up.
If you are not an individual, small enterprise, or start-up, you will have to pay either Rs. 9,000 or Rs. 10,000, depending on whether you file online or in person at the Office of Trade Marks. For individuals, small enterprises or start-ups, the filing fee is either Rs. 4,500 or Rs. 5,000, depending on whether it is E-filing or physical filing.
It is crucial to avoid making mistakes while filling out the form, as this could cause delays or rejection of your application. The application form requires you to provide all necessary details and attach a trademark image with dimensions of 9 by 5 cm, along with five duplicates. The complete application file with two duplicates must be submitted during filing.
You can apply by yourself, through an agent, or online, depending on what is convenient for you. If you file online, confirmation of filing will be immediate, but if filed physically, it may take up to 15-20 days for confirmation.
4. Examination by Trademark Office
Once the application is filed, the Trademark Office will conduct an examination to identify any discrepancies or potential conflicts with existing trademarks. Within 30 days of filing the trademark application, the Trademark Office issues an examination report. The report either approves the application or raises objections. Objections may be based on a variety of grounds, such as similarity to existing trademarks or lack of distinctiveness, as outlined in Sections 9 and 11 of the Act.
In case of an objection, the applicant must file a reply within 30 days of receiving the objection report. Failure to do so may result in the application being abandoned.
5. Publication in Trademark Journal
Once the reply is filed, the trademark office may conduct further examination and clarification checks. If deemed necessary, a hearing may be scheduled by the Trademarks Registry to allow the applicant to respond to any objections in person.
If the Examiner is satisfied with the arguments presented by the applicant, they will issue an acceptance order for the trademark and the mark will be published in the Trademark Journal.
6. Opposition
Once the trademark application has been examined and approved, it will be published in the Trademark Journal for public notice. If no objections are raised within 3 months, the application will proceed to the next stage.
In case an opposition is filed within 120 days of the publication of the trademark, the applicant must respond to the opposition by filing a reply. After both parties have made their submissions, it is up to the Registrar of the trademark to decide whether to proceed with the application or not. If the opposition is rejected, the trademark proceeds for registration. However, if the opposition is accepted, the trademark application is refused.
7. Registration and Issuance of Certificate
After the trademark application is accepted, the trademark is registered, and a certificate of registration is issued. The registration is valid for ten years from the date of registration, and it can be renewed indefinitely by filing a renewal application before the expiration of the current registration.
Forms & Fees of Trademark Registration
|
S.No.
|
On what payable
|
Amount (INR)
|
Form number
|
| |
Application for registration of Trademark
The applicant is an Individual/ Small enterprise/ Startup
Other cases
[Fee is for each class and mark]
|
Physical Filing
|
E- Filing
|
|
|
5,000
10,000
|
4,500
9,000
|
| |
Notice of Opposition- Section 21(1), 64, 66 or 73 or
Application for rectification of register-
Section 47-57, 68, 77 or Application
Rule 99, 103, 135,140 or
Application Section 25
|
3,000
|
2,700
|
TM-O (49 KB)
|
| |
Renewal of Trademark Registration for Each Class under Section 25
|
10,000
Section 25 (3)
Section 25 (3), 25 (4) for each class
|
9,000
Entry 3
5,000 Plus renewal fee
10,000 Plus renewal fee
|
TM-R (41 KB)
Entry 3
4,500 Plus renewal fee [Entry 3]
9,000 Plus renewal fee
|
| |
Application to Register Subsequent Proprietor for Each Trademark in Case of Assignment or Transfer under Section 45
|
10,000
Application for:
Section 40(2)
Section 41
Section 42
Section 59(1)
Section 60
Application for:
Section 42
Section 46(4)
Section 43
Section 58
Application for:
Section 16(5)
Section 58
Section 58
|
9,000
3,000
2,000
1,000
|
TM-P (64 KB)
2,700
1,800
900
|
| |
Application by Registered User under Section 49 for Trademark Use concerning Goods or Services
Section 50(1)(a)
Section 50(1)(b),(c),(d)
Rule 95(2)
|
5,000
|
4,500
|
TM-U (118 KB)
|
| |
Request for Search and Certificate under Rule 22(1)
|
10,000
Rule 22 (3)
|
9,000
Not allowed
|
TM-C (49 KB)
30,000
|
| |
On application for
Requests and Applications under Trademark Rules, Including Extension of Time, Certified Copies, Duplicate Registration Certificates, Document Inspections, Seeking Grounds of Registrar's Decisions, Registering and Advertising Certificate of Validity, Amending Trademark Applications, and Providing Advertisement Details to Registrar under Rule 41
|
1,000
On application for
Section 66
Section 74 (2)
Petition for Registrar's Order on Interlocutory Matters or Other TM Issues not Covered in Standard Forms, or Review of Registrar's Decision
Expedited Certificate Request of Registrar (Excluding Section 23(2)) and Certified Document Copies under Rule 122 Proviso.
Individual/Startup/Small Enterprise Applicant
In all other cases
Inclusion of Trademark in List of Well-Known Trademarks Application
|
900
2,000
3,000
5,000
Not Allowed
Not Allowed
Not Allowed
|
TM-M (80 KB)
1,800
2,700
4,500
20,000
50,000
1,00,000
|
| |
Application for Registration as Trademark Agent under Rules 147 & 149
|
5,000
Renewal of Registration in the Trademark Agents Register under Rule 150 every Five Years, Due by the 1st Day of the Succeeding Financial Year
Application for Restoration of Name to Trademark Agents Registers under Rule 153 within 3 Years of Removal from Registration.
Application for Alteration of Register of Trademark Agents Entry under Rule 154
|
4,500
10,000
5,000 plus
1,000
|
TM-G (41 KB)
9,000
4,500 plus
900
|
Why is it important to register a trademark?
Registering a trademark provides legal protection to the owner against unauthorized use by others. It also helps to build brand identity and reputation and adds value to a business.
Connect with onlinexbrl.com for your trademark registration. We will file your trademark application within 4 hours.
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