Trademark Registration Online
Trademarks Registration will help to legally protect the brand name, logo, tagline, slogan or any other distinctive brand elements. It will help you establish exclusive rights on the brand. Trademark registration can also enhance brand recognition and trust.
Protects Your Brand Identity
Establishes Exclusive Legal Rights
Helps in Preventing Brand Imitation
Builds Trust and Recognition
Professional Assistance in Trademark Registration
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Trademark Registration & Brand Protection Guide
In the modern-day competitive business world, a brand is not limited to a logo or a brand name, but it is one of the key elements of the business identity and reputation. Trademark Registration allows companies to legally protect their brand name, logo, tag line, symbol or other distinctive marks.
No matter whether you are a start-up company, MSME, entrepreneur, manufacturer, service provider or well-established company, registration of your trademark will allow you to protect your brand in future as you expand your business activities. Trademark registration will also be useful for intellectual property protection of your brand name and further expansion of your business.
Trademark registration in India is governed by the Trade Marks Act, 1999, and takes place through the Trade Marks Registry.
What is Trademark Registration in India?
Trademark Registration in India refers to the legal procedure through which a distinctive brand name, logo, symbol, catchphrase, word, or any other mark gets registered with the Indian Trade Marks Registry. This process facilitates the creation of legal rights on the brand for protection against its use by any unauthorized party for the relevant goods/services.
Step-by-Step Trademark Registration Process in India
Trademark Registration in India includes various processes from choosing a suitable trademark to the issuance of the registration certificate. These processes include:
Choosing a Suitable Trademark
Choosing an attractive brand name, logo, slogan, symbol, or any combination of these elements that you wish to register. Generally, a distinctive trademark has better chances of getting registered.
Trademark Search
Trademark search should be carried out prior to filling the trademark application to check whether there is any conflict within that class or not.
Select the Relevant Trademark Class
Selection of the proper trademark class depending upon the nature of goods/services. A total of 45 trademark classes exist in India, out of which 1 to 34 are for goods, and 35 to 45 are for services.
Collect the Necessary Documents
Gather all necessary details about the applicant, the identity proof and proof of address, trademark representation, list of goods or services, and other documents as necessary. Additional documents might be needed in case of claiming the prior use.
Filing the Application for Trademark
The trademark application is filed at the Indian Trade Marks Registry in the prescribed format accompanied with the necessary government fee. Upon the filing of the application, a unique application number will be issued, which would help monitor the progress of the application.
Examining of the Trademark Application by the Registry
The examination of the trademark application by the Registry is done to check whether it complies with the requirements of the trademark law.
Examination Objection Response
Where an examination report raises an objection against the application, the applicant may be called upon to file a written response within the required period. In some cases, a hearing may be arranged.
Publication in the Trade Marks Journal
Where the application is either approved or otherwise progresses towards its publication, the trade mark is published in the Trade Marks Journal to give third parties an opportunity to oppose the proposed registration of the trade mark.
Opposition Proceedings, If Any
Where a third party has filed an objection within the stipulated time, the applicant may have to file his or her response and attend the opposition proceedings which are conducted following the trademark procedure.
Documents Required
PAN Card of the Applicant
Identity Proof of the Applicant – Aadhaar Card, Passport, Voter ID, and Others
Address Proof of the Applicant
Photograph of the Applicant in passport size, wherever required
Business/Entity Documents – Certificate of Incorporation, Partnership Deed, LLP Deed, and others
Trademark/Business Name
Logo of Trademark/Business Name, wherever required
Description of Goods or Services
Classification of Trademark/Classes
PoA/Authorization, wherever applicable
Prior Use Proof, in case prior use claim is made by the applicant
Affidavit of User, wherever required in respect of prior use claim
Certificate of MSME/Udyam Registration, wherever applicable for the concerned fee category
Benefits of Trademark Registration
Trademark Registration offers legal protection to the brand identity of companies and also enables long-term brand development. Some of the main advantages are listed below:
Statutory Protection to Your Brand
Trademark registration gives statutory protection to the registered mark, which allows the proprietor to pursue legal action against any unauthorized use.
Exclusive Rights
Generally, the registered proprietor enjoys exclusive rights to use the trademark for the goods or services as per the provisions of the applicable law.
Protection from Brand Imitation
Trademark registration allows you to protect your brand from any unauthorized imitation of the trademark.
Promotes Brand Recognition
A protected trademark assists you in distinguishing your goods or services from your competitors' products or services.
Intangible Business Asset
Trademark can serve as an important intangible asset of your business. It can be assigned, licensed, or exploited as per the relevant laws.
Facilitates Business Growth
A registered trademark gives better scope to develop in terms of new product and service introduction, expansion into new markets and franchising, and business partnerships.
Assistance in Legal Action
A trademark registration helps in the determination of ownership and can help in taking legal action against the infringement of trademark.
Creates Customer Loyalty
Use of a registered trademark consistently over time can help in building customer trust.
Offers Long-Term Protection
Trademark registration usually lasts for 10 years and then may be renewed every 10 years.
Common Mistakes to Avoid
There are some legal and procedural requirements when it comes to the registration of a trademark. It is always good practice not to make common mistakes in order to minimize objections and delays and avoid problems.
Failure to Carry Out Trademark Search
An application that is filed without verifying registered and similar trademarks can put you at risk of objections.
Selection of a Nondistinctive Trademark
If you choose a mark which is descriptive, generic or simply non-distinctive, it can complicate the process of registration.
Selection of a Wrong Trademark Class
In case you pick the wrong class, you will limit protection for your goods or services. It is recommended to choose the correct class according to the nature of your business activity.
Providing False Information
It can refer to incorrect information about the name of the applicant, the address of the applicant, the trademark itself, the nature of business and other specifics of the application.
Submitting without Relevant Documents
The absence or inaccuracy of supporting documents can cause delays or additional compliance in the process of filing the application.
Not Responding to the Examination Objection
When there is an objection from the Trademark Registry, the applicant is supposed to give his/her response according to the time frame provided. Not doing that will affect the trademark application.
Incorrect Prior-Use of the Marked Name
In case the trademark has been previously used, the claim should be correct and supported by relevant documents.
Applying the ® Symbol to the Unregistered Mark
The ® symbol should not be used until the trademark is registered. Otherwise, it can cause some problems.
Failure to Monitor the Application
The applicant should be informed about all the notices, objections, hearings, etc. concerning the process of filing the trademark application.
Trademark Registration Timeline
However, the Trademark Registration process in India may differ based on the type of application and any issues that might occur during the process such as objection, hearing, and opposition. It must be noted that there is no one timeline for all applications.
These are the stages involved:
Trademark Search and Preparation
Time Required
1–3 days
Filing the Application
Time Required
1–2 days
Formality and Initial Processing
Time Required
Varies
Examining the Application
Time Required
Varies
Response to Examination Objections, if any
Time Required
Within prescribed period
Publication of Application
Time Required
Varies
Opposition Period
Time Required
4 months from publication date
Registration and Issue of Certificate
Time Required
After successful completion of process
Why Choose for Online Trademark Registration?
Registration of trademarks in the online mode provides a convenient method of starting and conducting trademark registration. Instead of doing everything by hand, applicants can register the trademark online using professional help.
Convenient Procedure
Trademark application can be made and submitted in the online mode without need for multiple visits and papers submission.
Professional Assistance
Professional assistance may come in handy when it comes to comprehending trademark criteria, choosing a correct class and completing the application.
Preliminary Search
Preliminary search for the trademark is a good opportunity to discover identical or similar trademarks before submitting the application.
Correct Class Choice
Choosing the right trademark class is an important stage of the process. Professional help will be useful for choosing the class correctly.
Assistance in Documenting
Support in the preparation and organization of the necessary documents will assist in avoiding errors and omission of information during the submission process.
Tracking the Application Process
After the application is filed, it can be tracked online, and any important information about the application process, such as objections, notices, etc., can be handled immediately.
Assistance in Dealing with Objections
In case the Trademark Registry makes any objection on the application, support in dealing with the issue is important.
Saves Time and Effort
The entire process through the internet and assistance from professionals can make the process simpler, allowing businessmen to concentrate on their businesses.
Eligibility for Trademark Registration
Trademark Registration in India can be sought by individuals and companies who are using or have plans to use a distinct mark on their goods or services. The proposed mark must satisfy the requirements under trademark laws.
Who Can File for Trademark Registration?
The following types of persons can file for trademark registration:
Individuals
Sole Proprietorship
Partnership Firms
Limited Liability Partnership (LLP)
Private Limited Company
Public Limited Company
Startups
MSMEs
Trusts
Societies
And other eligible organizations
Trademark Objections and Opposition
During the trademark registration procedure, there could be an objection against the application by the Trademark Registry or an opposition against the application by a third party. There are different stages which need to be handled in accordance with the respective trademark process.
Objection to Trademark Registration
An objection to the trademark application is usually filed by the Trademark Registry during the process of examination of the application. The common grounds could be:
Similarity with another trademark
Lack of distinctiveness
Nature of the trademark being descriptive or generic
Misleading nature of the trademark
Presence of prohibited matter
And so on
Trademark Opposition
Trademark opposition is a process brought forward by any third person opposing the registration of the trademark applied for. The opponent has the right to file an opposition within a statutory period after the advertisement of the mark in the Trade Marks Journal.
The procedure for opposition includes:
Filing of the notice of opposition
Serving of the opposition on the applicant
Filing of the counter statement by the applicant
Presentation of evidence by the parties concerned, if any
Hearing of the matter in the Trademarks Registry, if necessary
Disposal of the matter
Frequently Asked Questions
Trademark Registration refers to the legal procedure of registration of brand name, logo, slogan, symbol or any other distinctive mark with Indian Trade Mark Registry for getting statutory protection.
Individuals, sole proprietorship firms, partnership firms, LLP, company, startup, MSME, trust, society and other eligible organizations can apply for trademark registration.
Traditionally, there has been no requirement of compulsory registration of trademarks; however, registration of trademark gives statutory protection and rights to the trademark owner.
In general, a registered trademark remains valid for 10 years from the date of registration and thereafter it can be renewed for next period of 10 years.
Yes, your business name may be registered as a trademark provided it satisfies the relevant requirements
Yes. A logo that is distinguishable can be registered as a trademark. Depending on the need of the company, a business can register for both word mark and logo.
India adopts Nice Classification System where the total number of classes in India is 45, classes from 1 to 34 covers goods whereas classes from 35 to 45 covers services.
Time frame depends on the application process and the existence of objection and opposition against it.
Trademark objection is an objection filed against the trademark application at the time of its examination.
Trademark opposition is the legal procedure started against the trademark application after its advertisement in the Trademark Journal.
Yes. An application can be refused if the mark does not satisfy the trademark legislation requirements, both absolute and relative reasons for refusing the registration of a mark.
Yes. It is typical to apply the ™ symbol to a mark which is declared to be a trademark, including before the trademark registration. The ® sign is usually applied after the registration of a trademark.