TradeMark Registration By Register Attorney
Trademark Registration in India gives you a presumption that you are the rightful owner of the mark. The registered owner can indicate it by using the Trademark symbol ™ or ® in relation of those goods and services for which the owner has registered the Trademark provides you with statutory damages against any person who uses your mark in bad faith and imposes criminal liabilities for the infringement of the Trademark owner’s rights.
In India Brand Name Registration and Logo Registration are governed by the the process and procedure for the Brand Name Registration and Logo Registration are similar under the Trademark Act.
Trademark Registration Procedure in India
Registration of Trademark usually involves the following steps:
Trademark Search: A Trademark search is the first step in determining the uniqueness of your mark, and its similarity to other, pre-existing marks. It is very much advisable to conduct a Trademark search before registering or using your Trademark. Without a search, you are putting yourself at much greater risk of being sued for Trademark infringement, the rejection of your Trademark application, and a third-party challenging your Trademark application.
Filing of Trademark Registration Application: An application is filed for the Registration of Trademark, before the Registrar of Trademarks, at appropriate Trademark Registry within whose territorial limits the principal place of business in India of the applicant is situate.
Examination of Trademark Registration Application: Upon receipt of application for the Registration of Trademark, the Registrar issues an examination report after examining the application. Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with marks which are already registered, or which are the subjects of earlier pending applications.
Publication of Mark in Trademark Journal: If the Registrar considers the mark as a distinctive mark or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal. If no opposition to the mark is filed within 90 days from the date of publication, or 120 days if request for extension of time is given to the opponent and opposition is refused, mark proceeds for the acceptance of Registration.
Trademark Registration: After the application for Registration of Trademark is accepted by the Registrar, the Registrar of Trademarks shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.
Time Duration: If there is no objection and /or opposition raised, the process of Registration of Trademark usually takes 15 to 18 months and in case of any objection/opposition proceedings take place than it usually takes around 24 months.
The Benefits of Trademark Registration in India
In today’s competitive business world, protecting your brand is crucial. A trademark is a unique symbol, logo, word, or phrase that distinguishes your products or services from competitors. Registering a trademark in India offers numerous legal and commercial advantages.
Why Should You Register a Trademark in India?
1. Exclusive Rights to Your Brand
Once registered, you gain exclusive ownership of your trademark. No other business can use a similar mark for similar goods or services, preventing brand confusion.
2.Legal Protection Against Infringement
A registered trademark allows you to take legal action against unauthorized use. You can sue for damages and stop counterfeiters from exploiting your brand.
3. Builds Trust and Brand Recognition
Customers associate trademarks with quality and authenticity. A registered trademark enhances brand credibility and fosters customer loyalty.
4. Business Expansion & Franchising Opportunities
A registered trademark makes it easier to expand your business nationally and internationally. It also adds value if you plan to franchise or license your brand.
5. Asset for Your Business
A trademark is an intellectual property asset that appreciates over time. It can be sold, transferred, or used as collateral for loans.
6. Protection for 10 Years (Renewable)
A trademark registration in India is valid for 10 years and can be renewed indefinitely, ensuring long-term brand security.
7. Deters Competitors from Copying Your Brand
The ® symbol acts as a warning to competitors, discouraging them from using a similar mark.
How to Register a Trademark in India?
- Search for Trademark Availability(Check on the IP India website)
- File the Application(Form TM-A)
- Examination & Publication
- Registration & Certification
Conclusion
Trademark registration is a smart investment for any business looking to safeguard its brand identity. It provides legal security, enhances brand value, and prevents unauthorized use.
Ready to protect your brand? Consult a trademark expert today!
📞 Contact Us Now
FAQs on Trademark Registration in India (with Expert Answers):
1. Q: What is a trademark, and why should I register it?
A: A trademark is a unique symbol, word, phrase, or design that distinguishes your goods/services from competitors. Registration under the Trademarks Act, 1999 grants legal ownership, nationwide protection, and the right to sue infringers. It builds brand value and prevents unauthorized use.
2. Q: What can be trademarked in India?
A: Brand names, logos, slogans, or taglines.
Sounds, colors, or packaging designs (if distinctive).
Exclusions: Generic terms (e.g., “Apple” for fruits) or deceptive/moral-violating marks.
3. Q: What is the registration process?
A:
- Search: Conduct a trademark availability check on the IP India website.
- File Application: Submit Form TM-Awith the Trademark Registry (online/offline).
- Examination: The Registrar reviews for conflicts or objections.
- Publication: Approved marks are published in the Trademark Journal.
- Registration: If no opposition within 4 months, the certificate is issued.
4. Q: What documents are required?
A:
- Applicant’s ID/address proof (Aadhaar, PAN).
- Logo/design (if applicable) in JPEG format.
- Proof of claim of prior use (if already using the mark).
- Udyam Registration/MSME certificate (optional, for fee discounts).
5. Q: How long does trademark registration take?
A: Typically 12–18 months if no objections or oppositions. Delays occur due to conflicting marks or incomplete documentation.
6. Q: What is the cost of trademark registration?
A:
- Government Fees: ₹4,500–₹9,000 per class (individuals/startups) or ₹9,000–₹10,000 for companies.
- Professional Fees: ₹2,000–₹10,000 (varies by attorney/agency).
7. Q: What is the difference between ™ and ® symbols?
A:
- ™: Used for unregistered trademarks (common law rights).
- ®: Used only after formal registration. Unauthorized use of ® is punishable.
8. Q: How long is a trademark valid?
A: Registered trademarks are valid for 10 years and can be renewed indefinitely every 10 years.
9. Q: Can I register a trademark internationally?
A: Yes! Use the Madrid Protocol to apply in 130+ countries through a single application. India is a member, so you can file via the IP India Office.
10. Q: What if someone infringes my trademark?
A: You can:
- Send a legal noticedemanding cessation.
- File a civil lawsuit for injunction and damages.
- Report to the police under Section 103/104 of the Trademarks Act(criminal offense).