Trademark Registration

The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trademarks which qualify for registration under the Act and Rules.

Documents Required for Trade Mark Registration

The following is the list of documents required for trade mark registration in India:

• A copy of the trademark or of the logo. In case of trade mark for word, logo is not required.
• Applicant’s details like name, address and nationality.
• In case of company or LLP, the incorporation certificate.
• Udyog Aadhar registration, in case the company is eligible for lower filing fee.
• Description of goods or services represented by the mark.
• Trademark class under the application must be filed.
• Power of attorney in Form 48 Format should be signed by the applicant

Trade Mark Registration Process

Registration for trade mark can be easily done in four steps and they are as follows:

Step 1: Trademark Search

The first step is trade mark search. The search should be done in both for various combination of similar marks on the intellectual property website. In case similar marks are found, check the description to see if the mark represents the same set of goods or services proposed by you.

Step 2: Application Preparartion

In the second step, an application is prepared by the Trade Mark Attorney. Form 48 and TM-1 will be prepare for approval and signature of the trade mark applicant. 

Step 3: Application Filing

In the third step, the trade mark filing is completed with the Trade Mark Registry. The Government fee for registering a trade mark for an individual, startup, small enterprise is Rs.4500. For all other types of applicant, the Government fee is Rs.9000. there is a separate fee setup for the attorney professional which is Rs.3500 for each application. 

Step 4: Government Processing

Once a trade mark application is filed and the Government is processing the application, the status of the trade mark application must be checked periodically. In case of objection, an objection reply must be submitted by the applicant within 30 days. Similarly, in case of opposition, the applicant must respond in a time-bound manner to allay the concerns of the counter-party.

o  Trademark Rectification

Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. On concerns noted by the Examiner he would mark the application as Formalities Chk Fail and request rectification of the trademark application

Here the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.

o  Trademark Objection Reply

If trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

o  File Trademark Opposition

If  the Trade Mark Registrar approves an application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark – if a person or business entity feels that registration of the mark would not be fair. In such cases, a trademark can be opposed. On filing an trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.

o  Trademark Renewal

Once a trademark application is filed, the Trade Marks Registrar would process the application and provide registration under the Trade Mark Act. On registration of a trademark, the R symbol can be used along with the trademark and the registration is valid for a period of 10 years.

Trademark renewal must be filed before expiry of the mark. The trademark renewal application form must be prepared and filed before deadline to enjoy seamless protection of the trademark without any chances of litigation.

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