Online Trademark Registration India
A Trademark provides your brand a unique identity that makes your product or service stands out apart from the rest. Trademark can be a Letter, Word, Number, Phrase, Graphics, Logo, Sound Mark, Smell or a Color mix. Any individual who needs to protect brand, logo or slogan & so forth of his company must go for Trademark Registration in India.
In India, registration of Trademarks online is done by the Controller General of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government of India under The Trademark Act, 1999. After Trademark Registration, you can use R symbol. The registration gives the right to sue against other people who attempt to duplicate your trademark. Additionally, nobody else can utilize a similar trademark to the one registered by someone else.
When you register a trademark, you can use an R symbol alongside it, and it will be legitimate for 10 years from the date of registration. You can without much of a stretch get a ™ within 1 day. On the other hand, to get a ®, it takes as long as 2 years. In case the TM registration is approaching expiry date, you can generally get it re-registered for 10 more years.
Benefits of Trademark Registration Online
Legal Protection
The Trademarks Registration gives the owner of the trademark, the legal right to sue the company which is using the same or similar or misleading trademark. The owner of the trademark may pursue legal action using trademark infringement protection against such infringers.
Thus, Trademark Registration is very helpful in protecting brand identity. It prevents unauthorized use of the trademark by the competitors to mislead the customers.
Brand Recognition
The main purpose of the trademark is to help the customers easily identify the brand associated with the product or service rather than the product itself.
Thus the trademark establishes the identity of the brand associated with the product/service. Hence, trademark registration is immensely helpful in brand recognition.
Exclusive Rights
After trademark registration, the owner of the trademark is provided with the sole usage rights for the trademark.
No one can use this trademark or any mark misleadingly similar to the registered trademark without the permission of the owner.
Asset Creation
According to investopedia, an asset is something that has an economic value and that can generate profit in the future.
A trademark is a valuable Intangible asset. It can be sold, licensed or franchised. Hence, after trademark registration, an asset is created for the trademark owner.
Business Expansion
Trademark registration provides legal protection against trademark misuse. Since the trademark is easily identifiable by the customers, it helps in brand recognition.
Trademark improves market credibility as well as customer loyalty for the brand. Registering a trademark helps the brand in differentiating its products and services from its competitors. All of this is helpful in business expansion.
Documents requirements for Online Trademark Registration in India
The following documents are required for trademark registration in india:
- Trademark Application Form: Form TM-A properly filled and signed.
- Applicant Name: The name of the individual, proprietor, firm or company applying for the registration
- Trademark Details: All details about the mark should be entered such as name, logo, slogan, etc. including any specific colors or shape to be claimed.
- Power of Attorney (Form TM-48): If the application is filed through a trademark attorney, the attorney has to submit form TM-48. It authorizes the attorney to act on the behalf of applicant.
- User Affidavit (if applicable):
- If the business entity is already using the trademark, the applicant has to submit an affidavit.
- The date of first use of trademark and evidence supporting the claim is mentioned in the affidavit.
- Proof of TM Use: Any documents that prove the trademark is already in use by the entity should be attached with the affidavit. For example, advertisements, invoices, or packaging materials.
In addition to the above details, the applicant has to submit these documents:
| Applicant Type | Required Documents |
|---|---|
| Individuals | PAN card |
| Aadhar card | |
| Passport | |
| Proprietorship | GST certificate |
| PAN card | |
| Aadhar card | |
| MSME Certificate (if applicable) | |
| Company | Incorporation certificate |
| Company PAN card | |
| MSME Certificate (if applicable) | |
| Logo (if applicable) | |
| Partnership Firms | Partnership deed |
| Partnership PAN card | |
| MSME registration certificate (if applicable) | |
| Logo (if applicable) | |
| Limited Liability Partnerships (LLPs) | LLP deed |
| Incorporation certificate | |
| LLP PAN card | |
| MSME Certificate (if applicable) | |
| Logo (if applicable) | |
| Trusts | Trust deed |
| Trust PAN card | |
| MSME Certificate (if applicable) | |
| Logo (if applicable) | |
| Society | Registration Certificate |
| PAN card | |
| MSME Certificate (if applicable) | |
| Logo (if applicable) |
Trademark Registration Process in India
Trademark Selection
A trademark must be selected by the owner who wants to go for the registration. Make sure the mark is distinct and non descriptive.
Non descriptive means the mark itself should not just describe the goods or services.
Trademark Class Selection
Now a class should be selected based on the nature of the goods or services provided by the business entity.
According to International (NICE) Classification of Goods and Services, there are currently 45 trademark classes:
- Class 1 to 34 cover goods
- Class 35 to 45 cover services
Trademark Search
Before filing of the trademark application, it is advisable to conduct the trademark search. The main purpose of the search is to make sure that the trademark to be filed is distinct and not similar with any of the existing trademarks.
Conducting a proper trademark search is crucial to avoid any future conflicts. This will help in saving time as well as money.
You can do a trademark search yourself by going on the government’s trademark search website.
On the website, you will find a search form. choose the class and enter the mark to search for conflicting marks (if any)
You can also avail the services of a professional trademark attorney to help you through the process. This is the better and safer option as they have vast experience in trademarks.
Filing the Trademark Application
Once it is made sure that the trademark is unique and non descriptive, we can start the filing process. The application will be filed with the Trademark Department along with duly filled form TM-A and necessary documents.
The application can be filed online as well as offline. But the fees for online mode is lesser than the offline mode.
Examination of the Trademark Application
After filing of the application, the department checks if all the formalities are fulfilled. At this stage, the status of the application will be Formalities Chk Pass.
After the formalities are checked, the department assigns an examiner to examine the application. The examiner checks if the application follows the guidelines of the Trademarks Act. He will also check if there are any similarities with the existing trademarks.
If there are no objections raised by the examiner, the application is accepted. Now, the application will be sent for publication in the Trademark Journal.
In case any trademark objections are raised by the examiner, an examination report is uploaded on the website. All the objections are listed in this report.
Publication in the Trademark Journal
After acceptance by the examiner, the application is published in the trademark journal. In this stage, the application is open to objections by the public if they believe the trademark conflicts with any trademark or if its misleading.
The opposition period is four months from the date of publication in the trademark journal.
Trademark Opposition
If there is any opposition to the trademark during the opposition period. The trademark department will serve you a copy of the notice of opposition.
The owner has to reply with the counter statement within two months of receiving the notice.
Failure to respond to the notice of opposition will lead to rejection of the application. The status of the application will be shown as “Abandoned”
Registration and Certificate Issuance
Under Section 23(1) of the Trade Marks Act 1999, the Trademark will be registered if either:
- the application has not been opposed and the time for notice of opposition has expired; or
- the application has been opposed and the opposition has been disposed of in favor of the applicant
After the Trademark is registered, you will receive a Trademark Registration Certificate.
Trademark Registration Fees & Other Cost in India
The fees for applying for trademark registration in india is as follows:
| Type of Applicant | E-filing (INR) per class | Physical Filing (INR) per class |
|---|---|---|
| Individual, Startup or MSME | 4,500 | 5,000 |
| Others | 9,000 | 10,000 |
| Additional Fee for Expedited Processing | 20,000 | 20,000 |
There is a discount for Individuals, startups and MSMEs opting for trademark registration.
Startups have to provide the Startup India registration certificate while MSMEs have to provide MSME registration certificate to avail the concession.
The fees mentioned above is on a per class basis
Duration, Validity & Renewal of Trademark
Initial Registration Period:
After initial registration, the trademark is valid for a period of 10 years from the date of application.
But the trademark must be actively used in the market. If a trademark is not continuously used for a period of 5 years, then such is mark may be cancelled due to non-use.
Renewal Process:
Trademark can be renewed indefinitely for a period of 10 years each time.
The renewal application can be filed within 1 year from date of expiration.
No additional documents are required for the renewal process.
If the trademark is not renewed before expiry, a grace period of 6 months is given. During grace period, the trademark can still be renewed by paying an additional fee. If the applicant fails to renew the trademark during grace period, the trademark will be removed from the register.
Even if the trademark is removed, the applicant can still apply for restoration by paying an additional restoration fee. The applicant will also has to state the reason why the renewal and grace period was missed.
The fees for renewal is mentioned in the table below:
| Type of Renewal | E-filing (INR) per class | Physical Filing (INR) per class |
|---|---|---|
| Renewal Fee (before expiry) | 9,000 | 10,000 |
| Renewal Fee ( within 6 months after-expiry) | 13,500 | 15,000 |
| Restoration Fee (within 1 year after-expiry) | 18,000 | 20,000 |
Who Can Apply for Trademark Registration?
Anyone who wants to protect the name of his brand/business can apply for Trademark Registration. We, at LegalFidelity, can help you in Trademark Registration. Following types of entities can apply for trademark registration:
- Individuals
- Proprietorship Firms
- Partnership Firms
- Limited Liability Partnerships (LLPs)
- Indian Companies : Private Limited, One Person OPC, Public Limited
- Foreign Companies
- Trusts
- Societies
What can be Trademarked?
The following can be trademarked:
- Words and combination of words: “Nike”
- Logos and symbols: “Apple” Logo
- Slogans, Catchphrases & Taglines: “Just Do It”
- Numbers: “501” for Levi’s jeans
- Colors: “Coca-Cola” red color
- Shapes: “Coca-Cola” bottle shape
- Sounds: “Airtel” brand ringtone
- Patterns: “Burberry” check patterns
Anyone who needs to protect brand, logo or slogan & so forth of his company must go for Online Trademark Registration in India.
Different Trademark Symbols Explained
The various types of trademark symbols are as follows:
™ (Trademark Symbol)
This symbol is used to indicate that the mark belongs to the brand. It is used when the application for registration is pending with the trademark department.
Example: MyBrand™
℠ (Service Mark Symbol)
This symbol is similar to the ™ symbol but it is used to indicate the mark represents service instead of goods
Similar to the ™ symbol, it is used when the application for registration is pending with the trademark department.
Example: MyServiceBrand℠
® (Registered Trademark Symbol)
This symbol is used to claim that the said mark is registered with the trademark department. Also this mark is granted legal protection against misuse.
Example: MyBrand®
© (Copyright Symbol)
The © Symbol stands for Copyright. You can use it to inform others of your ownership over a work or creation.
Note that it is illegal to use this symbol if the trademark is not registered.
Different Trademark Status Explained
Trademark status gives the detail about the current stage of the trademark application. The various statuses are explained as follows:
New Application
- New application is filed with the trademark department.
- During this stage, no action is required by the applicant. The applicant has to wait for the examination.
Formalities Chk Pass
- The form is filled correctly. No issues are found with the application.
- No action is required. The applicant has to wait for detailed examination by the examiner.
Formalities Chk Fail
- The form is not filled correctly. Some issues are found with the application.
- The applicant has to rectify all the issues pointed by filing the amendment form. The applicant must make sure to file the amendment application within the specified time limit to avoid rejection.
Send to Vienna Codification
- When the trademark contains an image or logo, the trademark status will be shown as ‘Send to Vienna Codification’
- The Vienna Classification (VCL), is established by the Vienna Agreement (1973).
- Using all the elements present in a logo, the trademark is assigned a code according to the Vienna Agreement.
Marked for Exam
- An examiner is assigned by the trademark department to examine the application.
- The examiner checks if there are any conflicting or misleadingly similar marks that are already registered.
- No action is required at this stage. The applicant has to wait for the examination report to be published on the website.
Examination Report Issued
- The examination report has been issued by the examiner.
- It lists all the objections (if any) raised by the examiner.
Objected
- If the examiner has raised any objections, then the status of the application is shown as ‘Objected’
- All the objections raised are listed in this report. The applicant has to respond to all objections raised by the examiner. Also, all the necessary documents supporting the claim must be attached with the reply.
- The reply must be filed within the specified time limit. Otherwise the application will be rejected
Accepted & Advertised
- If there are no objections raised by the examiner, the application status is shown as ‘Accepted & Advertised’
- In this stage, the application is published in the trademark journal.
- A four month window is given to the public to oppose the application.
- If the application is not opposed during this period, the mark is proceeded to the registration stage.
Opposed
- If during the opposition period, anyone from the public has objected to the registration, then the status will be shown as ‘Opposed’
- In this stage, the applicant has to file a counter reply to the opposition.
Abandoned
- If no response has been filed by the applicant within the specified time limit, then the status will be shown as ‘Abandoned’
- The application cannot be revived at this stage. If the applicant still wants the same mark to be registered, he has to file a fresh application.
Registered
- If no opposition is filed during the opposition period, the status will be shown as ‘Registered’.
- A registration certificate will be issued by the department.
- From now on, the applicant can use the ® symbol with the trademark
Withdrawn
- If the application is withdrawn by the applicant, then the status will be shown as ‘Withdrawn’
Removed
- This status means that the trademark has been removed from the register because the applicant has not applied for the renewal.
- If needed, the applicant can apply for restoration of the trademark within the specified time limit or can file a fresh trademark application.
Ready for Show Cause Hearing
- This status means that the examiner is not satisfied with the reply filed by the applicant against the objections raised.
- Now the applicant or the attorney has to attend the hearing and explain why the trademark should not be refused.
Advertised before Accepted
- This status means the trademark is published in the trademark journal but the examiner is not completely satisfied with the trademark being of distinct and unique in nature.
- It is important to note that the mark can still be rejected by the department even if there’s no public opposition filed during the opposition period.
Common Mistakes in Online Trademark Registration
Not filling all details
This is a very common mistake. Incomplete documentation or missing details will delay the registration process
Not doing proper trademark search:
The applicant must do a proper trademark search before filing the application. The mark should not be misleadingly similar with the already existing trademarks.
We should not choose a mark that is too generic or descriptive. Such marks are most likely to get rejected by the trademark department.
Not selecting the correct class
The correct class must be selected according to the nature of goods or services provided by the business.
Otherwise it will result in delaying the registration process and can result in rejection of the application