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A Complete Guide on Trademark Registration in India - BizAdvisors

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A Complete Guide on Trademark Registration in India

A Complete Guide on Trademark Registration in India

If you are running a business or about to establish a new one you should emphasize creating a brand image for your customers. A Trademark Registration would be ideal for creating a brand image, and it is equally important so, that no other company can use the same trademark.  It is through the brand image that customers connect, identify and differentiate your products and services from others in the market. To build such an identity, companies must register their trademark as it also helps to enforce legal rights on the violations. In this article, we will discuss the process of trademark registration in India.

Trademark Registration 

A trademark could be anything like a logo, words, symbol, design, brand name, or combination of colors. That describes the company’s goods and services. Trademark registration in India is possible only when it is graphically representable, under the trademark Act, 1999[1]. Apart from creating a brand image trademark shall be capable of distinguishing the company’s goods and services from others in the market.  A trademark can be refused registration if it: deceives the public or creates confusion; contains scandalous or obscene materials; harms the religious sensitivities of any class or portion of India; or contains marks barred from use under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Any company can file a trademark application for registration. A registered trademark prevents other companies from taking illegitimate advantage of registered trademark companies. Moreover, it also prevents the violations of its exclusive rights to use, sell and modify goods and services.

Steps for Trademark Registration in India.

There are multiple steps that need to be followed for trademark registration in India. 

Step 1. Conduct trademark research 

Companies must conduct research before registration of a trademark to ensure the uniqueness and originality of the mark and make sure that there is no same trademark already available in the market. Companies shall hire agents for search. An Agent can perform the search both online and offline. However, for better results, an agent must use both online and offline modes.

Once the agent makes sure the trademark is unique and original, companies can move to the second step. If the same trademark is available in the market, then companies need to change their mark. 

Step 2. File trademark application 

After successful completion of the first step, companies can move to the second step which is filing a trademark application. An agent drafts a trademark application. Then it’s filed with India’s Trademark Registry. After completing the procedure, which is now done entirely online, companies will be given an official receipt to keep for future reference. The application must include information such as a brief description of the trademarked services or commodities.

Step 3. Trademark examination 

After filing the application for trademark registration in India, the examiner of the trademark office will review the trademark and he/she will also make sure is there same trademark that has undergone registration. If any, an objection will be raised. If not, the application will move forward and the trademark will be accepted and published.

After examination by the trademark office, the process can nearly take 8 months to 2 years to grant the registration of the trademark. And if any objection arises by trademark the office or by any other party, it may take more time.

Step 4. Trademark registration 

After successful completion of the third step, the trademark has been published, but if anyone has any issue or an objection in the next four months from the date of publication of the trademark can raise an objection. A fair hearing takes place by the trademark office and a final decision is taken by the registrar. Once the application proceeds for trademark registration in India, the trademark office grants a registration certificate.

A registered trademark is valid for up to 10 years. After ten years an application is filed by the owner for renewal of the trademark with the registry to maintain registration. 

The abovementioned are the mandatory steps that need to be followed accordingly.

Cost of Trademark Registration in India 

The cost of filing an application for trademark registration in India is 4,500 rupees for small-scale industries, individuals, and start-ups, and for large-scale industries is 9,000 rupees. In case of any objection raises, one follows a separate procedure that may involve extra charges depending on the facts of the case.

Documents required for Trademark registration 

 The Requirement of documents varies for trademark registration in India, depending on the types of industry. 

For Sole Proprietor 

∙       PAN card of the individual 

∙       AADHAR card of the individual 

∙       E-mail ID

∙       Phone number 

∙       GST number 

∙       FORM – 48

∙       LOGO (if any)

∙       Trademark description 

For Partnership Firm 

∙       PAN card, AADHAR card of all partners 

∙       Partnership deed 

∙       Mobile number

∙       FORM – 48  

∙       Email ID

∙       Logo (if any) 

∙       Trademark description 

∙       Date of use 

∙       BILLS (if any)

For Company 

∙       GST number of the company 

∙       Certification of Incorporation 

∙       Mobile number

∙       FORM – 48  

∙       Email ID

∙       Logo (if any) 

∙       Trademark description 

∙       Date of use 

∙       BILLS (if any)

∙       LOGO (if any) 

Conclusion 

Trademark registration in India is not mandatory and using trademark symbols is also not compulsory. But having a registered trademark attracts some extra advantages. It helps to create brand image, increase the scope of marketing strategies, and enhance customer’s attraction. With the increasing popularity of trademarks in India, rapid growth has been seen in the registration of trademarks from the year 2014 to 2020 by 59%. Thus, registration of trademarks has become vital for businesses in India to remain competitive in the market. At the same time it is not easy to take trademark in India, hence it is suggested to consult an expert for trademark registration. You can reach an expert like bizadvisor.io as well.

Read our article:Can One Sell a Trademark In India? – A Complete Guide

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