Steps For Trademark Registration Online In India

In this blog, we have explained how to register trademark in India by completing trademark registration online.

Meaning of a trademark

A trademark is whatever you use to set your products apart from those of competitors, including words, colors, logos (device marks), shapes of goods, sounds, and 3 dimensions. To put it another way, a trademark is any phrase, word, logo, symbol, image, design, or combination of these that serves to identify the brand that owns the rights to a certain product or service. A trademark gives a service, product, or business a distinctive identity. They stand out from the crowd thanks to this unique identity.

An individual or a company may complete the trademark registration process. The Trade Marks Act of 1999, introduced the legal process of trademark registration online

Steps in trademark registration

Step-1

– Documents required for registration

• Documentation that the proposed mark may be used in another nation
• A power of attorney must be signed and submitted by owner
• A properly filled application form
• When applying for a sole proprietorship business, the applicant’s information, the proprietor’s identification proof (PAN card, Aadhaar card, name, address, nationality, etc.,) may be submitted
• Proof of address for businesses
• Location, nature and purpose, of business for trademark registration online
• In the event of a corporation, small business, startup, or other entity; COI, and, if the business is a partnership firm, a partnership deed

Step-2

– Cost of the process

Various fees are levied at each stage. You shall have to pay for trademarks searches, filing of application, professional help and also if the Trademark Registry rejects your application.

Step-3

– Select and register your own brand name

When you submit an online application to the government website, you will receive an immediate acknowledgement there. Choose a trademark carefully. Later changes will be time- and costly.

Step-4

– Conduct trademark search

When choosing a trademark, check if it is distinctive by conducting a trademark search. If another person has already registered a trademark that is close to or identical to yours, you must amend or modify yours before continuing. If the trademark is distinctive, the classification procedure may start.

Step-5

– Trademark classification

Trademark Registry’s 45 classifications exist. To determine the class to which the business belongs one can use it.

Step-6

– Preparing the trademark application form and submitting documents

Examples include business identity verification, a copy of the trademark, proof of claim, and power of attorney.

Step-7

– Filling the application form

When filing documents electronically, the acknowledgement is available right away. After this, one can use the Trademark symbol (TM).

Step-8

– Advertisement or publication in the Trademarks Journal

The Controller General (of Patents, Designs, and Trademarks) lays down rules and guidelines, which is verified by the Trademark Officer in the application. A trademark objection notice will be sent, if any issues exist or details are required. Within 30 days after receiving the notice, you must respond, justifying your position and offering sufficient evidence to support it.

If the officer is satisfied with the reply, the trademark will be published in the Indian Trademark Journal by the Registrar. 

Opposition must be filed within 90 days or, in some situations, 120 days of the date of publication. If not, they will set up a hearing where you will have to represent yourself using a trademark attorney.

Step-9

– Trademark registration or receiving a certificate of trademark registration

If no opposition is there within the allotted 90 days, the Registrar will accept your trademark application and issue Certificate of trademark registration. It shall bear the Trademark Registry’s seal. A form acknowledgement is also given within 15–20 days.

The R symbol takes about 2 years to be received, however the trademark symbol is available within 3 to 4 days of application.

An allocation number is then assigned, which can be tracked online. It takes about 1.5 to 2 years to register a trademark through the trademark registration process.

Step-10

– Renewal

Trademark has a validity of 10 years from the date of application. Trademark renewal is done 6 months prior to the expiry date.

Conclusion

Trademark registration process entails many steps and a considerable financial investment. With Finaccle, get trademark registration online. Don’t worry about how to register trademark in Surat or how to register trademark in India! Access experienced assistance with our team.

Not only  trademark registration services, you can also benefit from our services in the Financial, Accounting, Legal and Taxation domain! Ask us any doubt you may have! For more updates, follow us on the following platforms. Share this blog and for more, stay tuned!