Procedure for Trademark Registration in India

The procedure of Trademark registration can be done in two ways:

Offline Procedure

Online Procedure

Offline Procedure for Trademark Registration

The Trademark Registration is done by the Registry of the Trademarks in India. When a person plan on registering a Trademark there are a few steps that are involved which are as follows:

Choosing a Trademark

The applicant should remember to choose a unique and distinctive mark as it will represent the company of the owner. The other important point is to identify which class the mark belongs to. Currently, there are around 45 classes of goods and services under which a trademark can be registered in India. The classes 1-34 are for the goods and the classes 35-45 are for services.

Trademark Search

Once the owner has chosen his/her mark it is advisable to conduct a Trademark search to check whether the mark chosen by the applicant mark is similar to an already registered Trademark or not. The applicant can either do this Trademark search himself or herself by going to the online website of the Controller General of Designs, Patents, and Trademarks.

On the online website, the applicant can find an option to do a public Trademark search. Once a click is done on this option the applicant is required to choose his/her class and search the online database properly. The other available option is to get legal services, although the applicant will have to pay for it as it is the safest option.

Overall, the legal services will cost lesser in case the trademark is objected against by any person. Not only the legal advisors will do all the required Trademark search but will also help the applicant with the whole process of Trademark Registration.

Filing of Application

There are two options available with the applicant while filing for an application for Trademark Registration in India. The options are as follows:

File for an application for Trademark under "one" class. This means that the Trademark will be registered only for a specific class that the applicant has chosen. In such a case, the applicant is required to fill in the form TM-1.

The fees payable for the filing of form TM-1 is provided at the time of filing the form at the office of the Trademark Registry. The applicant can also find all the amounts payable for the corresponding forms here.

The other option available for filing application for Trademark Registration is to file for multiple classes or series Trademark, or collective Trademark. For this, the applicant is required to fill in form TM-A. This TM-A form allows the applicant to register the Trademark beyond one specific class.

Online Procedure for Trademark Registration

Trademark Name Search

This is the simplest, short, and best way for any new applicant to get a trendy, catchy, and an interesting brand name or his/her products. Picking up a name for a brand that is quirky and wacky is definitely a very wise move since most of the common names would have already been someone else’s hands.

Moreover, adjusting on a particular name requires a very quick research process to ensure oneself that he/she is not picking a brand name that is already in usage by any other company. The best part here is that the applicant can also invent or coin some new words with a mix of common words to create a unique brand name for himself/herself.

Preparing a Trademark Application

The applicant is then required to prepare the Trademark application by submitting all the required documents as prescribed by the authorities.

Filing the Trademark Application

The applicant is required to choose the submit application option on the website after submitting all the required documents. In the case of an e-filing system, the applicant will receive his/her receipt of acknowledgment instantly on the government website. After receiving the acknowledgment, the applicant is eligible to use the Trademark (TM) symbol beside his/her brand name.

Examination of Application

Once the application for Trademark Registration is submitted, the Registrar will check out whether the applicant have followed the prescribed terms that the brand name complies with the existing law. Moreover, there should not be any kind of conflict or dispute amongst any existing or pending brands names for the registration.

Publication in Trademark Journal

After the process of examination is completed, the registrar will publish the brand name in the Indian Trademark Journal. This is certainly the most vital part of the process of Trademark Registration in India. There should not be any kind of opposition within the time period of 90 days or 120 days, in some of the cases, from the date of publication, then only the brand name will be proceeding towards the acceptance.

Issuance of Trademark Registration Certificate

The Registrar of Trademarks will accept the trademark application if there is no opposition being raised by any person or company within the stipulated time period of 90 days. The Registrar will issue the Registration Certificate with the Trademark Registry seal on it to the applicant.

The moment applicant has been issued with the Registration Certificate; he/she can use the symbol of registered trademark (®) beside his/her brand name.