Understanding Trademark & its Registration Process in India

Introduction

Trademark is a vital asset for any company. It helps you protect your brand and grow it simultaneously. It also helps your products and services become easily identifiable for the consumer. Going for Trademark registration, also called logo registration, in today’s day and age is a no-brainer. But how do you go for Trademark registration? what is the trademark registration process in India and what are its benefits? Also how long does the logo registration process take? in this article, we will answer all of your questions and also provide you with a trademark registration process step-by-step guide. So, let’s dive into the world of Trademarks.

What is trademarking a brand name?

A Trademark is a visual indicator that represents our brand. It lets consumers differentiate our goods and services from others. When you apply for the Trademark registration process in India, it is a step towards protecting your company’s brand name.  Here is a list of what can be Trademarked, here is a list of common things you can Trademark:

• Letter
• Word
• Number
• Phrase
• Graphics
• Logo
• Sound Mark
• Smell or a mix of colours. 

Who is eligible for the trademark registration process?

A trademark can be registered by an individual, a business, or an LLP. In the registration form the entity whose name you put down as the applicant will be the trademark owner once it is registered.

Checklist before you go for Trademark registration process

Choosing a trademark

Before you start the Trademark registration process, it is important to pick a mark. The mark representing your company should be distinctive and unique. It is vital to understand the class to which the trademark would belong- currently, it can be classified under 45 different types of classes for goods and services. Classifications 1–34 are for goods, and 35–45 are for services.

Trademark search

The next step before you begin your trademark registration process is to conduct a Trademark search. It helps you decide if you have chosen a suitable mark for your company and also whether your chosen print is not similar to an already registered mark. You can either do this by navigating to the online website of the Comptroller General of Patents, designs, and trademarks. On the website, you would be able to find an option to do a public search. Once you click on this option, you need to choose your class and search the online database.

Online trademark registration process step-by-step guide

Step 1: Documents Required for Logo Registration Process

Here is a list of documents required for Trademark registration process:

• Firstly, you need proof of Applicant
• Secondly, brand Name/ Logo/ Slogan is needed.
• Thirdly you require documents showing Proof of TM Use
• Additionally, an MSME/ Start-up India Certificate, if they have one. (Gives access to 50% rebate of trademark application cost)
• Power of Attorney (TM-48)
• Board Resolution: Private limited as well as public companies can apply for a Trademark only after receiving the approval.
• User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit.

Step 2: Applying for brand name registration

Once you apply to the government website online, you will receive your acknowledgement instantly on the government website. After receiving your declaration, you will be eligible to use your Trademark (TM) symbol beside your brand name.

Step 3: The Examination process of the brand name application

Once the application is confirmed, the Registrar will verify that you adhered to the specific restrictions governing the use of your brand name, as well as current law. Additionally, there should be no conflict or dispute between any existing or pending brands for registration. This is the most important step in the Trademark registration process.

Step 4: Publication in the Trademarks Journal

The Registrar will then publish your registered trademark in the Indian Trademark Journal following the conclusion of the examination process. That is an essential part of the trademark registration, and there should not be any opposition within three months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name would proceed towards acceptance.

Step 5: Issuance of the trademark registration certificate 

This is the final step in your Trademark registration process. If no opposition is filed during the stipulated 90-day time, the Registrar will accept your trademark application. The Registrar then issues the Registration Certificate, which bears the Trademark Registry’s seal.

Step 6: Final Registration

Following receipt of the trademark registration certificate, your TM can enjoy all the benefits of Trademark registration. The registration is valid for 10 years from the date of application filing. After this period, you may re-register the trademark, a TM can be renewed indefinitely. Right from the moment you have issued your certificate, you can use the registered trademark symbol R (®) beside your brand name.

Advantages of Trademark Registration

There are various advantages you get after finishing the trademark registration process. Here are the main benefits of trademark registration:

1. The first benefit is that after registering your trademark you get the exclusive right to use that trademark. What that means is nobody else can use your trademark to sell the same or related goods and services that you sell. Additionally, others are also barred from using trademarks that are very similar to your trademark for selling the same or related goods and services.
2. A registered trademark is an asset in itself. You can license and even sell that trademark later. Because of this, a registered trademark also increases the value of your brand.
3. When a business has a registered trademark, it shows that the business is serious about its brand, and it helps consumers trust the brand and its products.
4. Most importantly, when your trademark is registered, you can easily take legal action against anyone who tries to use a similar or identical trademark. Unregistered trademarks have trouble proving that they were the first user of the trademark.
5. Finally, a registered trademark makes it easy for you to grow your brand and grow your consumer base because they can easily identify you in the market. It helps you gain goodwill.

Checking Application Status

Once you have received confirmation of the application’s filing, you will be assigned an allocation number that can be tracked online. Trademark registration takes some time. Assuming there are no issues with the file, you will learn if your application has been approved or rejected in 18-24 months. It is important to check TM status from time to time to ensure your application can be filed on time.

Fees & Cost for Brand Name Registration

After the Trademark registration process, let’s discuss the fees – there are two types of costs, that is Government Fees and Professional fees. The entity that applies for a Trademark, and its business structure decides its government fees. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration). Then come Professional Fees, which vary from service provider to service provider.

Here are LegalWiz.in’s professional Packages:

Conclusion

Registering a trademark is a vital step for any company. Online registration has made the entire Trademark registration process a lot simpler than before. However, it is still important to get professional help because various stages of the trademark application process require a trademark attorney. Getting a trademark registration helps open a world of advantages for you, from protecting your brand to even being able to grow your brand worldwide. Get trademark registration today and begin your journey toward success!