As competition heats up in a crowded marketplace, many startups want to hold their own with the assistance of an attorney. Protecting a business identity in relation to a name, logo, or tagline is one of many actionable legal options available that can not only help serve as a deterrent to others from infringing but also allow the brand to ultimately be defended and, if necessary, enforced. The purpose of this article is to provide a step-by-step process with a document list and the benefits of registering a trademark in India.
What Is A Trademark?
A trademark is a unique term, symbol, phrase, or design that identifies and distinguishes the goods or services of one seller from the goods or services of another seller or sellers. Upon registration of a trademark, a trademark owner’s exclusive right to use the mark and the right to take action against any competing business using the trademark without authority arises.
Step-by-Step Process For Registering A Trademark
A registered trademark provides you with legal ownership and exclusive rights to its use. The following is a straightforward step-by-step guide to the trademark registration process in India:
Step 1: Choose an Original Trademark
You will want to choose an original name, logo, or phrase for your business to potentially trademark. You will want to avoid a more common, descriptive, or similar existing marks. An original trademark is easier to register and protect.
Step 2: Conduct a Trademark Search
When you apply for a trademark, you should do an IP India Trademark database search and see if a similar mark is already taken. If there is, you will avoid getting a potentially problematic legal issue and rejection in the trademark process.
Step 3: Choose a Class
Trademarks are registered in different classes of goods and services. There are 45 classes total. Therefore, you want your mark to be classified in a similar class so your trademark will be protected the best way possible.
Step 4: Application Preparation
Once the mark and classification are finally determined, the application can be prepared by the TM-A form. The details that should comprise the preparation are the applicant’s name, business address, goods/services description, and a clear image of the logo, if applicable, as well.
Step 5: Trademark Application Filing
The first thing to do is to take your application online through the IP India e-filing portal, where an acknowledgment number will be given for tracking the application. Online filing of applications is a quick, easy, and simple process.
Step 6: Application Examination
The application undergoes a process of checking and error rectification at the hands of the Trademark Office, or the new mark is sometimes found not to be distinct from an already registered (existing) one. If, however, objections are raised, then it is the applicants who will stake their claims during the prescribed period by giving the needed clarifications.
Step 7: Trademark Journal Publication
The Trademark Journal will be your trademark’s home in case the examiner deems it deserving. In this way, the public will have access to the mark and during four months, they can oppose it if they believe it will infringe upon their rights.
Step 8: Oppositions (if necessary)
If an opposition is filed, both parties will provide evidence or have their case heard. If there is an opposition to the application, it may go to a hearing, but more often than not, they have their cases in front of the Registrar, who makes a decision. If there is no opposition filed or the Registrar rules in your favor, the application proceeds to registration.
Step 9: Trademark Registration Certificate
After the application is approved, the Trademark Registrar will issue a Trademark Registration certificate. Your trademark is now registered, and legal protection has been provided throughout India.
Step 10: Trademark Renewals
A registered trademark is valid for ten years. After ten years, you may renew the trademark for another ten years by paying the renewal fee. Always make sure to renew your trademark at least six months before the expiration date so you have uninterrupted protection of your trademark.
Documents Required For Registering A Trademark
To register a trademark in India, here are the following list of documents required for registering a trademark:
- Identity proof of the applicant: Aadhaar Card, PAN Card, Passport, or Voter ID
- Address proof: Electricity Bill, Rent Agreement, or Bank Statement
- Logo or Wordmark: Clear image of logo, or name in JPEG file
- Business registration proof: if applicable, Certificate of Incorporation, Partnership deed, or MSME certificate.
- Power of Attorney (Form TM-48): Only if you are filing utilizing your agent/ lawyer.
- Proof of usage of trademark: Once used, invoices or packaging, or ads showing co-use of the mark (if required).
- Udyam registration certificate: This is important for MSMEs or start-ups to avail of the fee discount.
How Udyamita Helpline Can Help You With Trademark Registration?
Udyamita Helpline helps you with the effortless process for registering a trademark for entrepreneurs, small businesses, and MSMEs
- Free Professional Advice: You will benefit from professional assistance relating to the decision on the correct trademark and class.
- Trademark Search: The team will help you determine if the name/logo you would like to trademark is available and has distinctiveness.
- Preparation of Documents: We will prepare, verify, and organize all the documents you will need to file your trademark application.
- Assisting with Online Form: The Udyamita Helpline team will assist you in filling out the TM-A Online form submission and ensure it is correct.
- Updates on Status: They will continue to check and update you as to its progress until your application is approved.
- Objection(s): If you receive an objection to your application, there will be an expert to help you prepare your objection response.
- Affordable Packages: The packages are offered in a wallet-friendly manner, especially for businesses in start-up or MSMEs.
Conclusion
Understanding the process for registering a trademark is crucial for the protection of your business and brand. The process of trademark application starts with searching for trademarks and ends with getting a trademark registration certificate – it is simply one step in a longer process to protect your intellectual property. Steps taken give a business trademark rights so they have exclusive use of a brand, credibility of their brand, and protection of their brand from unauthorized use.
FAQs
What Is The Time To Register A Trademark In India?
A trademark registration can usually take around 12-18 months. Time varies based on whether there are any objections or oppositions.
Can You Use Your Trademark Before Getting It Registered?
Yes, you can! Just remember, there will be no legal protection until the trademark gets registered.
What Is The Price Of Registering A Trademark?
The price of registering a trademark varies, depending on whether you are an individual or a start-up, or a company. An online application usually starts at ₹4,500 a class for an individual or start-up.
Can You Register A Single Trademark In Different Classes?
Yes, you could, but you will need to file separate applications and pay the fee for each class.
