Trademark Registration Search – A Guide to Process & Fees

Trademark Registration Search is the procedure through which we can check whether the trademark is already registered or not. The owner of a registered trademark can prevent the unauthorized use of the same by taking legal action against it.

A free trademark search helps in knowing that we can register a trademark successfully. It is the protection agreed by the government to the companies as to getting the unique registration of a trademark.

A trademark is a word, design, symbol, or logo which differentiates a product from other products of a similar kind. In this article, we will be understanding the online process and cost of trademark registration.

What is the Importance of a Trademark Registration Search?

Trademark search is important as it provides information about an identical or similar trademark that has been filled with the trademark registry.

The following are some of the points that highlight the importance are as follows:

• It helps in avoiding the infringement of applicable laws of the trademark.
• Trademark availability is important for deciding on a trademark that will avoid duplication of the same.
• It is crucial to have a proper classification of a trademark while filling out an application.
• Future litigations can be easily avoided when a thorough trademark search is undertaken.

What are the Steps of the Trademark Registration Online Process?

Trademark registration in India is performed by the Controller General of Patents Designs and Trademarks (CGPDT). It is the office of the Registrar of Trademarks in India. The procedure for trademark registration online India is discussed 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 Registration Search –

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

Step 3: Filing trademark application on IP India trademark registration–

To register on the Trademark Registration portal, 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 application -

Once the application is dispatched, the Registrar of the trademark will check whether the existing laws have been followed. There should not be any similarity between an existing mark. A trademark Registration search is carried out for searching the existing trademark.

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 –

Once the trademark is registered, you can start using the R symbol next to your mark.

Document Required for Trademark Registration

Trademark registration search required certain documents given as follows:

1. Soft copy of the trademark

2. In case of an Individual/HUF – Identity proof like PAN card or Aadhar card, Business registration document, Shops, and Establishment license

3. In case of company/LLP – Incorporation certificate, Address proof of the company

4. In the case of a Partnership firm – A partnership deed.

How to Check Trademark Registration?

The steps for the Trademark Registration check are given below:

1. Log in to the IP India Trademark registration website

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 for Trademark registration search.

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

What can be registered as a Trademark?

A trademark can be taken into different categories. It is significant to understand what can be trademarked. Any mark that distinguishes the business activity from one person from another. It can be any of the items given below:

1. Name

2. Product name

3. Name of a person

4. Surnames

5. Logo

6. Symbols

7. Tagline

8. Sound mark

9. Scent mark

10. Different types of shapes

11. Packaging

What are the Advantages of a Registered Trademark?

There are various advantages of a registering for trademark. The below-mentioned benefits are as follows: -

1. Legal Protection –

Trademarks are classified as Intellectual property and therefore protected from Infringement. Trademark Registration search helps in identifying already registered trademarks.

2. Get a Unique Identity –

Customers will recognize a product or service only with the brand name.

3. Creation of Intangible assets –

Trademarks are valuable assets. Registering a trademark can be traded, franchised, or distributed commercially.

4. Business expansion –

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

5. Advertising Sales –

The customers can attach the brand name to the feature of the product or service. This form of the product is spread in the market, it helps to increase sales by bringing more and more customers towards the product.          

What are Trademark Registration Fees in India?

The trademark registration cost in India is bifurcated between non-Individuals and Individual applicants. Trademark Registration search is a process to save the cost of Trademark Registration. Although, the attorney fees vary as per the trademark expert.

The trademark registration fees for non-Individuals are Rs. 9000 per application. It is a big amount for small businesses such as MSMEs, start-ups, sole-proprietor, and individual applicants.

Therefore, the government of India, pursuant to Trademark Rules, 2017 has given a 50% rebate on the government fees amounting to Rs. 4500/- per application.

What are Trademark Registration Fees for MSME and Proprietorship?

The MSME trademark registration fees have reduced the fees to financially assist such businesses and reduce their cost of compliance by 50% compared to businesses of the larger size of businesses. Thus, Trademark Registration search fees for MSMEs are Rs. 4500/- per application.

The objective of reducing is to free up small businesses from the additional expenses of Trademark or Logo Registration. The MSMEs must possess an Udyam registration certificate. The following documents are required for MSME trademark registration: -

1. Soft copy of Logo

2. Company master data

3. Signed power of attorney

4. Signed user affidavit

5. MSME Registration certificate

6. Board resolution for the appointment of authorized person.

The Trademark Registration Fees for Proprietorship have been reduced by 50% to Rs. 4500/- per application for sole-proprietor. The objective of the reduction is to give relief to small-sized businesses from the added expenses of registration for Trademark. The Trademark Registration search is beneficial for the sole proprietor as it protects against plagiarism and misuse.

Closure Now…

A trademark is a logo or sign capable of differentiating the goods and services of one company from another. The validity period is 10 years that is given to a registration starting from the date of application.

The cost of trademark registration in India for non- Individual are Rs. 9000/- per application. We have discussed the trademark registration in India process, its documents, its cost, and various benefits with respect to different types of business structures.

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