It takes a lot of time, energy, and income to build a brand. As a result, it is important to take adequate action to use your unique brand name, logo, symbol, slogan, packaging, smell, color combinations, or anything else that distinguishes you from the competition in a marketplace. These are known as trademarks, which are intellectual properties that identify your goods or services from those of others.
The Trademarks Act, of 1999 in India permits an individual, a legal body, or a corporation to register a trademark to acquire sole ownership rights that restrict others from using your mark in favor of the registered trademark owner.
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Once a trademark is registered, companies such as McAfee, EA Sports, F1, Intel i7 10th Gen, and many more use TM symbols. In India, trademark registration is an important step to safeguard your strong brand name. Because the procedure involves multiple phases and requires regular government follow-up, it is usually advisable to get trademark registration under the supervision of a professional.
Define Trademark
A trademark is defined as an intellectual property that distinguishes and differentiates products and services from others by the use of a recognized symbol, pattern, word, phrase or expression under Section 2(zb) of the Indian Trademark Act, 1999. Any individual, a corporation, or legal entity is allowed to own a trademark. The Ministry of Commerce and Industry, Government of India handles Trademarks and Patent.
The Trademark Registry’s headquarters is in Mumbai, with offices in other major metropolitan areas around the country.
As a result, when you register for a trademark, you will be communicating directly with the Trademark Registry. This functional body’s employees verify trademark application compliance as well as examination and approval.
What is Trademark Registration?
It is very much important to register a trademark since it protects the brand and allows the owner to stop others from using the same trademark as their own. There is nothing to worry about if a company’s trademark is already registered. Even if someone tries to infringe on the trademark, the owner has a right to challenge the infringer in court for their consequences.
The ® sign proves that the symbol or name of the company is registered and is properly recorded and that no one else can legitimately use it. Honda Motors, for example, uses a registered trademark.
Trademark Registration Process (Step by Step) in India
The Indian government takes several steps to make the process of registering a trademark quicker and simpler. Here is the process for online trademark registration; have a look and make a wise decision for the future of your firm.
STEP 1: Online Trademark Registration Prerequisites
Before applying, make sure to first choose a trademark symbol to represent the firm’s brand. In the case of a sole proprietorship, the government requires you to file registration confirmation for the company as well as the applicant’s identification verification.
In the instance of a firm, a company director’s or directors’ identification proof with address proof is also necessary. Each of these documents will necessarily require soft copies. You will also need to provide a soft copy of the trademark in the context of visuals.
If necessary, two extra documents might also be required: verification of the claim that the trademark you applied for can be used in another nation and power of attorney if the trademark is being filed by a trademark agency or an attorney.
STEP 2: Submit Your Application
- Proprietor
- Agent
- Attorney
Under Enter Code, enter the name of your registered business/enterprise/company. Then, select the search option. The application type is ‘Proprietor,’ and the code is ‘Tata,’ in the sample below.
A new window will now appear. Add the name of your registered business/enterprise/company again under ‘Search Text in Proprietor Name’ and click submit.
A window with a list of all the matching names and codes will display.
If your company is not listed here, you will add it by clicking the ‘Add New’ option at the bottom:
After completing this form, you will be registered and a code will be assigned to your company profile. You will immediately be sent to the first page, where you will register your business code and create a unique user ID.
After completing the form by adding the symbol and uploading the image, you are now ready to apply for a trademark online (if you have any). Once completed, you will immediately receive an e-filing confirmation; however, this is not the end of the process. Please wait for your approval. Instead, accept the confirmation.
After filling out the form and submitting the image, you will now register for a trademark online (if any). You will immediately receive an e-filing confirmation, but this is not an approval. However, publish proof that you are allowed to use TM with your trademarked symbol.
If your application is denied due to an incorrect name, you will be given another opportunity to change it at no additional expense. If the form is refused again due to the name, you can resubmit it or pay a cost of ₹1000/- to register the same form.
STEP 3: Evaluation Process
Following the submission of your application, the Registrar at the Office of the Controller General of Patents, Designs, and Trademarks at the Departments of Industrial Policy and Industry will assess it for policy compliance. Any application for the same trademark logo/symbol that is proven to be problematic will also be scrutinized.
STEP 4: Acceptance & Publication
Your trademark will be published in the Indian Trade Mark Journal only after it has been properly examined. Consider this period to be temporary permission until you discover anything formal about your trademark from other people or businesses. If there are any disagreements or objections, it might take up to three or four months. If no one objects to your request, it indicates that your trademark symbol will be considered and authorized soon. Congratulations!
STEP 5: Trademark Registration Certificate
If there are no issues after 90 days from the date of publication, the Registrar will formally accept your trademark application. Following that, you will be given a Registration Certificate with the Trademark Registry seal, allowing you to use the ‘Registered’ symbol, which is ®.
STEP 6: Check the Status of Your Trademark Application
You will be issued a unique allocation number after receiving an application submission confirmation message. This places your application on the list of applications awaiting approval, bringing it to the attention of the Registry. You can also use the TM sign in association with your trademark symbol.
Applications are reviewed in chronological order since they are processed on a first-come, first-served basis. In most cases, you will get an approval certification within two years – usually within one or one and a half months. The same may be said regarding rejection. You should also look at the expiry of your trademark at this time.
STEP 7: Enrollment
You will be sent to the registration page after your allocation number has been validated and verified. Following registration, the Registry will provide you with a registration certificate, which will formally certify your trademark. Congrats! Your trademark is now legally protected against infringement in India. After ten years, though, make sure to request an indefinite renewal.
Conclusion
As seen above, the procedure of trademark registration in India is simple. It is a straightforward procedure, yet it is crucial for brand name registration. We at Setindiabiz will assist you with the full registration procedure, reducing the need for you to worry about deadlines and responses. As a result, recognize the value of your brand name registration and take action to safeguard it immediately.
FAQs
Q1: What is a trademark and why is it important for my business?
A trademark is a unique symbol or design that identifies your business and its offerings. It’s important because it distinguishes your brand, builds recognition, and protects your intellectual property.
Q2: Can I register a trademark that is similar to an existing one?
Registering a trademark similar to an existing one may face rejection or legal challenges. It’s best to choose a distinctive and unique trademark to avoid confusion.
Q3: What are the benefits of conducting a trademark search before filing?
Conducting a trademark search before filing helps identify similar marks and helps assess the chances of successful registration.
Q4: What documents and information do I need to gather before starting the registration process?
Documents needed for trademark registration include your proposed trademark, description of goods/services it is intended to be used for, applicant’s details, basis for filing, specimens of prior use (if applicable), and Power of Attorney.
Q5: What are the common reasons for a trademark application to be refused?
Common reasons for trademark application refusal include likelihood of confusion, descriptive/generic marks, lack of distinctiveness, offensive content, similarity to well-known marks, and violation of public order or morality.
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