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Trademark Registration in India
Trademarks are governed by the Ministry of Commerce and Industry in India. The Trademark Act of 1999 stipulates that any trademark holder with legal standing may file a claim for damages in the event of misuse or plagiarism of their trademarks. A company’s trademark is extremely important in the unique identification of your business, its brand, and its products. Here, at SetIndiaBiz, we specialize in providing Trademark Registration through the services rendered by our dedicated team of legal professionals. To avail our services, you may subscribe to our wholesome package and we shall assist you at every single step of the registration process.
A trademark can be a symbol, distinctive mark, logo, etc. that represents the brand of a company, isolates it from rival companies, and increases its credibility. You can find or identify your company’s trademarks as its name, its brand name, its trade name, its label, its product name, its logo, its punchline, and its domain names. All of your company’s intellectual property rights, including trademarks, must be identified and protected. Over 11,000 business owners are actively receiving assistance from Setindiabiz for IPR registration and protection.
Key Decisions to be taken before registering a Trademark
Identify all trademarks unique to your business.
Conduct a thorough public search for their availability.
Identify the appropriate class for your trademarks.
Make sure they are easily recognisable.
Make sure you do not use surnames or other generic names as trademarks.
Make sure the class in which you intend to register your trademarks is available.
How We Help
We analyse your requirements based on the information you share in the inquiry form.
Our relationship advisor will contact you to assist you in placing the order with us
The team prepares and applies to govt offices and tracks the application until it gets processed.
Checklist For Trademark Filing in India
A trademark is an integral part of every business since it makes your brand stand out from the competition. If you don’t establish and safeguard a distinctive brand identity in this cutthroat marketplace, your brand will be lost in the crowd. Customers may become confused about your company’s identity among competitors, which will harm both growth and goodwill of your company. A checklist that you should bear in mind when identifying and registering a trademark in India is provided below:
Identify all IPR Assets for Trademark Registration.
Conduct Trademark Search to protect your trademark distinctiveness.
Classify Trademark Correctly based on classification of 1 to 45 classes.
Draft documents required to file a trademark application.
We help the end to end process for Trademark Registration from approval to filling of application.
Stepwise Process for Trademark Registration In India
The process of registering a trademark is straightforward and only has to be completed in the prescribed manner. We will assist you throughout the entire process, from filing your trademark application to getting it approved, so that you don’t miss a beat.
STEP 1 – Filing of Trademark Application
The trademark application is submitted within 24 hours of filing it with appropriate documentation and payment. The trademark filing process is completely online, and an instant acknowledgement is issued immediately after the submission of the application. After the issuance of the acknowledgement receipt, the applicant may begin using TM over the trademark.
STEP 2 – Processing of Application at Trademark Office
After the application is submitted, it is thoroughly examined for any flaws. If any mistakes are found after the evaluation, the TM office either flags the application for further examination or declares that the application filing has failed. The errors must be corrected in either case.
STEP 3 – Examination of Trademark Application
A trademark examiner looks over the trademark application to determine whether or not the trademark is qualified for registration. After reviewing the trademark application, the examiner publishes an examination report outlining his findings.
STEP 4 – Reply to Examiner Report
The trademark applicant must respond to the examination report within 30 days of its receipt. The response to the examiner’s report is a critical drafting that can either help or hinder the trademark application. We strongly encourage applicants to assist us by providing as much information and documentation as possible, so that we can prepare a detailed and accurate response to the Examination Report.
STEP 5 – Show Cause Hearing
After receiving a written response to the examination report, the examiner either gets satisfied with the reply or calls the applicant for a show cause hearing. It is the result of the hearing that further decides the fate of the Trademark application.
STEP 6 – Publication of Trademark
The trademark application is published in the trademark journal once the examiner is satisfied that the trademark is valid. This either happens at the examination stage or at the show cause hearing based on the status of the application. Third parties may object to the trademark registration, but, if no objections are received within 90 days from the date of hearing, the process of registration shall move to the next step.
STEP 7 – Issuance of Trademark Registration Certificate
The next step is the registration of the trademark by the registrar. After the registrar successfully registers the trademark, he issues a Certificate of Trademark Registration, valid for ten years from the date of issuance. The trademarks must be renewed after every ten years to extend its validity period.
Trademarks fall under the umbrella of intellectual property rights, which are further divided into many categories. Examples of several trademark types are provided below:
Your business name is the most crucial trademark, thus you must protect it against theft by online trademark registration.
Logo for the Business
The logo represents your company as an image, piece of art, or emblem. You are required to send a high-resolution JPEG image for trade mark registration of your logo.
Brands of the Business
The products of a company are recognised by their unique brands. The brand could be a device mark or a wordmark that can be eligible for Trade mark registration
Slogan or Punchline
A punchline or a slogan, like "Ye Dil Mange More" from Pepsi, can also be identified as Trademark and can be eligible for Trade mark registration.
Domain names can also be registered as trademarks under the Trademark Law. It offers a great deal of protection to your trademark , so you should acquire it.
If a sound is distinctive to your company, for instance the Airtel ringtone or the ICICI jingle, make sure to register it as a Sound Mark under the Trademark law.
As trademark is the most important asset a business has, we recommend you to consider a thorough search in paid databases and in different jurisdictions (Countries) where you may intend to have a business now or in future.
Frequently Asked Questions About Trademark
When can we use ™ and ®? What do they mean?
The symbol TM denotes that a trademark is in the process of registration and that the owner may continue to use it until the registration is complete. When a trademark is registered, the ® symbol is used, signifying the applicant’s complete ownership rights on the trademark.
Who can apply for a trademark registration?
Anyone who wants to claim ownership of the trademark may submit an application for its registration.
Is the registration of a trademark compulsory?
The Trademark Act of 1999 states that trademark registration is not mandatory. However, if there is infringement of an unregistered trademark, no lawsuit can be filed challenging such an infringement.
Can a trademark that has already been registered later be altered?
Yes. Section 22 the Trademark Act of 1999 allows for the amendment of a trademark that has already been registered. Additionally, modifications to the mark are allowed as long as they do not significantly alter its original meaning.
Can a domain name be registered as a trademark in India?
Yes. A domain name can be registered as a trademark in India.
What are the benefits of registering a trademark?
A trademark registration grants the owner exclusive rights to use the trademark. Moreover, with a registered trademark, the owner can file a lawsuit in any Indian court against infringement.
Is it possible to register a sound or smell as a trademark?
Yes. Sound or smell can be registered as a trademark, provided they are graphically represented and unique.
Can a three-dimensional mark be registered as a Trademark?
Yes, as per the Trademark Act 1999, a three-dimensional mark can be registered as a Trademark.
Is it possible to have a descriptive trademark registered in India?
No. It is not possible to have a descriptive trademark registered in India.
What is the classification of goods adopted in India?
India has embraced the Nice Classification of Trademark, which is an international system for classifying trademarks based on the nature of product or services.
Can a registered trademark be removed from the register?
Yes. A registered trademark may be removed from the register if it has not been used for at least five years and three months.
Can foreign owners submit a trademark registration application in India?
Yes. Foreign owners can file applications for trademark registration in India.
Can a trademark application be filed in multiple classes?
Yes. According to the Indian Trademark Act, multi-class trademark applications are permitted.
What is the duration of a trademark registration in India?
Trademark registrations are valid for 10 years. To reap the benefits of a registered trademark, it must be renewed after every ten years.
How long does it take to register a trademark?
The trademark registration process may take up to six months or a year after the application has been filed. Additionally, this time period may be extended in the event of objection or opposition.
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