Trademark Registration in India is a process that helps to protect the intellectual property rights of businesses and to prevent the unauthorized use of their trademarks. It is an important tool for businesses to protect their brand identity and to establish their market presence.
A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers.
Registration of a trademark provides the right to sue others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.
STAGES INVOLVED IN REGISTRATION OF TRADEMARK:
1. Application for registration For the registration of a trademark, an application is to be made to the Registrar. A single application can be made for the registration of a trademark for different classes of goods and services by paying a prescribed fee for each such class of goods and services.
i. Any person claiming to be the proprietor of a trademark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trademark.
ii. A single application may be made for registration of a trademark for different classes of goods and services and the fee payable therefor shall be in respect of each such class of goods or services.
iii. Every application shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situated:
Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situated.
iv. Subject to the provisions of the Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions, or limitations, if any, as he may think fit.
v. In case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.
Why Is Trademark Registration Important?
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- It offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorized usage of your brand’s identity.
How to Register Trademark in India?
The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. Vakilsearch has made it easier for you by breaking it down into three parts and doing the majority of the work. Register trademark today to protect your company’s logo, slogan, and brand.
Step 1: Trademark Search
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not.
Once you decide on an available trademark, we move to step 2.
Step 2: Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration online in your dashboard.
Step 3: Trademark Application Filing
Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.
We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete. process and watch out for any notifications from the Trademark Registry until the brand registration is complete.
Step 4: Trademark Objection (in some cases)
Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.
Step 5: Trademark Opposition (in some cases)
There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.
WHO IS ELIGIBLE TO APPLY FOR A TRADEMARK?
2. Partnership Firm,
3. Body-incorporate including Private Limited/Limited Company,
4. Limited Liability Partnership,
7. Government Department
8. Statutory Organization.
9. Association of persons
10. Hindu Undivided Family
Documents Required for Trademark Registration Online India
Initially, you have to provide us with the following details:
- Applicant’s name
- Business Type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)