It is a requirement for a company or individual to register a trademark in India if they intend to possess full ownership of the mark and to protect it against unauthorized use. If a trademark is infringed upon, a trademark registration gives the registrant the legal right to take appropriate action. The trademark owner has exclusive rights to use the trademark for its products and/or services after registration. The owner of a trademark can use the symbol that indicates their trademark is registered if the trademark registration process is followed correctly. In India, the symbol indicates the application has been filed for trademark registration. Process of registration of trademark is provided here in this article.
When your brand becomes popular, trademark registration offers a number of benefits. With a little effort on your part, you will preserve a trademark for generations to come and establish a unique identity for the people to become associated with the brand. A trademark allows you to claim ownership of words, logos, sounds, graphics or even color combinations. By registering your trademark, you prevent similar names from being registered by other businesses in the same industry. Business owners build investors’ confidence on the company as a result of this intangible asset.
1. Trademark Search
Time to Complete: 1 day
Before anything else, a trademark must be selected.
To ensure that the intended trademark does not resemble or be identical to a registered trademark, the applicant should search the trademark records registry.
The trademark office or the internet can be utilized for the search.
A lawyer with specialized knowledge of their craft will be able to conduct an exhaustive search since they’re well-versed in their field. You should get legal assistance if you think you have the right to use a particular trademark, but it has already been registered.
A trademark registration application should be submitted following extensive research in the prescribed format. Trademark registration process will not get complete without it.
2. Filling of Form TM-1
Time to Complete: 2 days
Cost: Rs. 4,000 (per application per class) + lawyer’s fees
Following are the details that should be included in the trademark registration application:
- Choosing a “Mark” to be registered,
- Information about trademark owners,
- An indication of which goods or services will be covered by the trademark.
Trademark applications can be submitted online or offline.
Digital Signature Certificates of Class III are required.
Trademark Registry offices must be contacted for applications.
Following the filing of the trademark application, the Registrar searches for the uniqueness of name and checks registered trademarks and pending trademark applications to determine whether existing marks exist and to determine if the proposed mark is registrable under law.
In Registrars may object to application acceptance or propose to accept the application with certain terms and conditions, amendments, limitations, etc. All such objections are conveyed in writing to the applicant, and the applicant must reply in writing regarding their correction within three months of the objection.
3. The cost
So now, that you have your name, on to filing of Form TM-1. Each such form would contain only one application. So if you are registering the trademark in two classes (i.e. sectors): let’s say Relentless Garments and Relentless Computer, as well as having a separate logo for each, you would be making four applications.
With government fees Rs. 4,000 /-per application, the total would amount to Rs. 16,000.
The lawyer’s fee starts at Rs. 200/- per application, which amounts to at least Rs. 8,000/- for four applications.
An image in jpeg format should be provided for the logos.
It will take two more days for the Original Representation Sheet to be received after the acknowledgment mentioning the filing date and number of the application is received.
4. Make use of your trademark
Now you can use the Mark, but if everything goes smoothly it could take up to two years for the use of the symbol.
5. Release of the examination report
Time to Complete: 3 to 6 months
Cost: Free, but Rs. 4000 to Rs. 6000 in the case of any objection.
You now have the opportunity to challenge your trademark claim. The government will first look at the application to see if it has any objections: if there are, these steps will take place:
5. No Objection:
If In the absence of objections against the application, a letter of acceptance, or TLA, will be issued.
If there is an Objection
The following are the reasons for objections:
- The proposed trademark looks similar, is the same as, or is a copy of, an already registered trademark.
- A word use which may hurt the sentiments of a particular religion or religions is deemed obscene/unlawful.
- An additional fee of Rs. 3,000 plus a fee of Rs. 4,000 to Rs. 5,000 depending on the lawyer is charged if you wish to challenge the objection.
It is the lawyer’s responsibility to respond to the objection and to explain the distinctiveness of the trademark. Consequently, a lawyer has to be well educated about business activities in order to function effectively. Once a government has rejected the objection, the trademark will be eligible for publication in trade mark journals.
6. Advertisement in Trade Marks Journal
Time to Complete: 3 to 6 months
Free of charge, but legal fees may apply if the application is opposed
- An application for the registration of a trademark will be published in a trademark journal once it is accepted. The trademark will be published with the opportunity for a third party to object to it.
- It should also include the date of registration, a list of the goods or services for which the trademark is registered, and other information. Usually, trademarks are registered for a period of ten years.
- The trademark registration certificate will be issued within 6 to 10 months if no one objects to a particular trademark within four months of its publication in Trademark Journal.
- obtaining the certificate may take many more months. Both parties will have an opportunity to speak. There will also be legal fees.
7. Trademark Registration
Time to Complete: Up to 9 months.
Cost: Does not apply
It will take approximately nine months for the trademark certificate to be issued after the advertisement in Trademark Journal has been published. Generally, trademark registrations last for a period of ten years and can be renewed.
If GB Legal Associates can simplify the process of registering a trademark for you, even though it seems complex. We assist you with all aspects of TRADEMARK REGISTRATION.