How to register a trademark in .
Registering a trademark is an essential part of any business, regardless if it operates locally or internationally. A business protects itself from various sorts of infringements through a trademark and grants itself a legal right for protection. India is a massive country with a booming IT sector. Many countries are involved in business with India, thus making the market very competitive. To distinguish yourself from others, Indian trademark registration becomes a necessary component. With the help of a trademark, a business can establish itself as a brand and keep the brand image alive, ensuring positive goodwill in the minds of the consumers.
Indian trademark registration services
India has a first-to-use system rather than a first-to-file. This means that unregistered trademarks can still be protected under the common law even though they were unregistered.
The registration system in India is fairly simple. To understand the entire Indian Trademark process, let us look at it in detail.
Types of Trademarks
Types of trademarks in India
How to register a trademark in India?
Before applying for a trademark, it is always beneficial to conduct a proper search to know what already used trademarks. If certain trademarks were rejected, what was the reason? This helps your business in dodging any possible refusal.
Once the trademark search is done and you are certain about your trademark, you can file an application with the Trademark Registry India. As soon as you do this, an official receipt is issued to you immediately.
After the application is filed, it is examined by the trademark examiner. The examination takes anywhere from 12 to 18 months, and during this time, the examiner looks for any discrepancies.
If there are no problems with the application, it gets accepted, and the trademark gets published in the Trademark Journal.
If there are some problems with the application, the examiner puts conditions and objections in the examination report, and the applicant is given a month to respond to the objections or fulfill the conditions.
If the response is accepted, the trademark gets published in the Trademark Journal. If the response is not accepted, the applicant can request a hearing that will review this decision. If the examiner thinks the trademark should be allowed and can be registered in the hearing, it proceeds to publish the trademark in the Trademark Journal.
Once the examination is done and the trademark is accepted, it is put up for publication and others are allowed to oppose or object. If there are no oppositions or objections from 3-4 months of publication, the trademark moves towards registration. If there is an opposition, then there is a hearing conducted, and based on that, the registrar makes a decision.
Once everything is clear and there is no objection, the application proceeds towards trademark registration, and a registration certificate is issued with the seal of the Trademark Office.
Documents required for a company/business or individual includes:
- A copy of the logo or if the logo is not available, the application can be filed for the word;
- A signed Form-48;
- Identity proof of the applicant. This may include Aadhar card, passport, etc.;
- Proof of address including electricity bill, phone bill, etc.;
- In case it is a partnership, a partnership deed or corporation certificate will be required.
Price of Trademarks
Trademark registration cost in India
If the applicant wants to file for a single class, he will apply for a TM-1 form. The fee for this form is INR 3500 or $47.
If the applicant wants to register for more than one class, a series of classes, or a collective trademark, they will fill a TM-A form.
If its TM-A form, there are two categories:
- Individual, small enterprise, or a start-up will have to pay INR 4500 or $61 for an online application and INR 5000 or $67 if the form is filed physically.
- If the applicant is not an individual, small enterprise, or a start-up, he will have to pay INR 9000 or $121 for online filing or INR 10000 or $134 if he files the form physically.
To understand all the forms and the entire cost structure, click here.
Age of Trademarks
How long does a Indian trademark last?
The trademark in India lasts for ten years. Before the expiration, the applicant can apply for a renewal.
There are a lot of benefits of registering a trademark. The most important benefit is that a trademark provides legal protection to the owner, protecting him from potential infringements. The process is fairly simple in India. The entire process includes searching, filing an application, examination, publication, and registration. Once a trademark is done, you receive your peace of mind, and you can rest assured. You can also start using the ™ symbol as well, which easily distinguishes you from your competitors.
At Trademark International, we provide hassle-free Indian trademark registration services catered to your needs, in compliance with the international requirements and standards. Indian trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now!
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.