A trademark is an intangible asset that is a recognizable sign in the form of symbols, a name, a label, numerals, image, or a design. Particular businesses use the trademark for distinguishing its products & services from another similar kind of business or related services. In other words, the trademark is the brand or logo that represents your business. Trademark registration forms an integral part of any business and has a sense of security and individuality amongst your opponents.
Trademark registration is a common practice in India which is registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademark registration involves a set of procedure in India; also, you need to get your trademark registration done under the Trademark Act, 1999. It may take up to 2 years for getting the right to use the trademark for your business; however, you can start using it the time you apply for the trademark registration.
Benefits of Trademark Registration in India
- An exclusive right to use a registered trademark
- A unique identity that helps in building your brand/ business image
- Protection towards your Goodwill you made over the past years
- Owners get legal protection (in case of misuse of your brand name or trademark)
Trademark Registration Procedure
Surf internet for a “crazy-enough” brand name
Surf the web, and come up with a quirky brand name that no one else uses as a trademark is essential for brand recognition. The best trademark/ logo that you can choose can be the one invented or coined words, in combination with the generic words.
Making the trademark application
Now that you finalize your trademark fill a trademark application, i.e., Form TM 1 which will cost you INR 3500. It’s a one-time fee, and along with this form, you need to submit some other documents. Those documents are-
- A business registration concern: You will need to submit an identity proof of the directors of the company and address proof for if you are an individual, a proprietor, a company or any other legal entity.
- Image of your brand logo in a standard size of 9 x 5 CMS.
Filling the brand name registration application
Nowadays, there are two ways by which you can file the trademark registration – manual filing or e-filling. You have to submit the form personally for registration to any of the offices of the Registrar of Trade Marks in Mumbai, Delhi, Kolkata, Chennai, and Ahmadabad. Following the submission, you will get the acknowledgment of the application and the receipt within 15-20 days of filing. In the case of e-filing, the acknowledgment of the form is issued immediately after which you can start using the Trademark next to your brand name.
Examining the brand name registration application
After receiving the application request, the Registrar investigates if the brand name complies with the law and doesn’t clash or dispute with other existing enrolled or pending brands.
Publication in the Indian TradeMark Journals
After review, the logo or brand name is written in the Indian Trade Mark Journal. If no person opposes within three months, i.e. 90 days or in some cases 120 days, from the date of publication, the brand name continues to approval.
Issuance of the trademark registration certificate
Within the stipulated time of 90 days, no one raises any opposition; the Registrar accepts the trademark application and issues a Certificate of Registration under the seal of Trademark Registry.
Once you are completed with the trademark registration and the certificate has been issued, you can obtain various advantages. It usually takes 15-18 months to completion of the whole process of registration and is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, there stands a need for trademark renewal. Many platforms have come up that help small as well as big brands to register their brands as trademarks. Get in touch if you have queries regarding online trademark registration in India!