Trademark Registration in India

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.