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How to Register Trademark in India
In simple terms, trademark means registration of your brand name. Here, we are trying to understand, how to protect our brand’s reputation by way of registering our brand as a trade-mark.
In layman’s language, it is a visual symbol which may be a Name, Phrase, Logo, Graphic, Smell, Sound Mark, Label, Device, Word signature, combination of colors or numerical.
Trademark literally means, “This brand name is ours” and if any one dare to use it to sell their products, we can sue them. Trademark identifies and distinguishes the source of the goods or services of one business entity from those of others.
If you’re starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A “trademark” is that symbol you will use to do so. Registering a trademark is a legal process provided for under the Trade Marks Act, 1999.
Brief History
Bass Brewery’s logo was the first image registered as trademark in the United Kingdom, in 1876.
- In India, The Government specifies 45 different classes under which service product of a business fall. We should know before applying for a trademark under, which class product/service of the business falls.
- Trademark registered in India will not be valid all over the world. We should register our trademark in individual countries, depending upon the legislation.
- A single trade mark can be used for services belongs to different class, for that we have to file single application for different class of services but fees for filling in each class will increase every time just like we are filling a single application for one trademark.
- The Trade Marks Registry was established in India in 1940. The Statute Laws of Trade Marks in India was governed by the Trade and Merchandise Marks Act, 1958. This Act now has been replaced by the Trade Marks Act, 1999 and the rules made there under.
- The Head office of the Trade Marks Registry is at Mumbai and branch offices are at Ahmedabad, Chennai, Delhi and Kolkata.
- For the International registration under the Madrid Protocol, an international registration wing is set up in the Head office of the Trade Mark Registry in Mumbai.
- The Controller General of Patents, Designs and Trade Marks heads the Trade Mark Registry offices and functions as the Registrar of Trade Marks.
- Trade Mark is different from a copyright or a patent geographical indication.
So, now let us discuss about the procedure of registering a trademark.
Searching for a Trade Mark (Brand Name)
Before starting trademark registration process, we or any third party professional on our behalf must conduct a trademark search. Trademark search will help us in providing information about similar trademark that has already been registered with the trademark registry.
How to do Search?
An online database is available on the website of Comptroller General of Patent Design and Trademarks, where search can be done by professionals and non-professionals. The database contains all the applications submitted to the concerned office including applied, objected, registered and expired Trade Marks. Trade Marks search provides valuable information to the user. To do Trade Mark search click here
To do search on above page of the website, following steps require –
- We have to select “Search Type” from the drop-down list.
- Type the key word which “starts with” and
- Enter the class out of 45 different classes.
You will find your desired result and you may also change your search criteria if required.
Filing of Trade Mark Application
After completion of Trade Mark search, the application can be filed with the Trade Mark Registrar office. This application should be filed along with a fee for the Trade Mark registration and it can be filed with one of the five Trade Mark registry offices by hand or online. Trade Mark application requires
A Trade Mark application requires the following information
- Name and Address of Trade Mark owner
- Logo
- Description of Goods or Services
- Classification of Trade Mark
- Date, since Trade Mark is used
Online filing of Trade Mark Application Form
e-filing procedure of Trade Mark application is as follows –
- Step – 1: First get registered, for it goes to home page. If you are already a registered user, login to it by using your registered id and password or digital signature.
- To log in or to register click here
Registration can be done to (1) Proprietor / Applicant (2) Agent or (3) Attorney
- Step – 2: Add digital signature to know more about it go to manual of digital signature click here
- Step – 3: After completion of registration process, confirmation will be send to registered e-mail id for further action and reference.
Please click here to see the e-filing manual on the Government website.
Allotment
After filing Trade Mark application with registrar, an allotment number is provided within one to two working days but in case of e-filing of application, an application allotment number is allotted immediately.
After getting trade mark allotment number, the owner can affix the TM symbol next to logo. Application status can also be tracked online through online trademark search facility. Click first option “
Application status can also be tracked online through online trademark search facility. Click the first option “Trade mark Application / Registered Trade mark”
Trademark Journal Publication
When the application is accepted by Trade Mark registrar, the proposed trademark gets published in Trademark journal. If no objections are filed within 90 days of that publication, the Trademark will be registered within 12 weeks.
Registration
If there are no objections or oppositions for the Trademark registration application filed, the Trademark registration certificate will be issued and this Trademark will be considered as a registered Trade Mark of the owner. The ® symbol can now be placed next to logo or Trademark.
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