Trademark Registration
in India
Trademark is your Brainchild.
Protect it at the Idea stage itself.!
If the brand or logo is made public without trademark protection, later you may end up in litigation with an unscrupulous competitor who might have registered your brand as a trademark.
What is a Trademark?
A trademark is an Intellectual Property created from one’s Idea, Passion and Vision.
Trademark mark includes a device, brand, label, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any combination thereof.
A trademark is a Name, Word, Tagline, Logo, or Combination thereof. Trademarks are generally classified into Wordmark and Device Mark.
Protect your Trademark
Registration of trademark protects your brand or logo from unauthorized use and infringement.
Claim your priority
You can claim your priority of trademark from the date of first use of it with documentary evidence.
Right to Legal Action
Legal action against infringement or passing off can be initiated only if the trademark is registered.
Ensure validity of Trademark
A registered Trademark can be renewed every 10 years to keep its validity everlasting.
A stitch in time saves Nine.
Registration of trademark in time saves Millions.
So, why do you delay the registration?
File your trademark application in India today itself…!
When to Register a Trademark in India?
Ideally, the trademark has to be registered at its creation or the design stage itself or at least before publishing the name or design to the public through social media, website, or any other medium.
File Trademark Application in India and use ‘TM’ in 24 hours*
Want to know more about the requirements and process, timeline and validity of Trademark Registration in India?
Schedule a 30 minute FREE Video meeting with a Trademark Attorney now.!
*On submission of all required details and documentation
1. Trademark Application Filing
The first step of trademark protection in India is to identify the Trademark Class and file the application appropriately. The applicant gets the priority of trademark from the date of application. ‘TM’ can be used with the brand or logo after filing the trademark application.
2. Trademark Examination
The Trademark Registry will examine the application to confirm the registration of a trademark. If the application is accepted, the registry will proceed with the advertisement. Otherwise, an examination report will be issued with the reasons for rejection.
3. Reply to Examination Report
The applicant must file the reply to the examination report within 30 days. If the reply is acceptable, the registrar will proceed with the advertisement in the journal.
4. Show Cause Hearing
If the reply to the examination report is not acceptable to the registrar, the applicant will get an opportunity to produce supporting evidence as to the use of the trademark at the showcase hearing. If the registrar is satisfied with the submissions, the registry will proceed with the advertisement.
5. Advertisement in Trademark Journal
Trademark applications accepted by the registry will be advertised in the trademark journal. There will be 4 months window for anyone to oppose the application of the trademark.
6. Trademark Opposition
Anyone interested to file an opposition to a trademark application has to go through the following steps:
– Notice by Opponent
– Counter by Applicant
– Evidence Affidavit by Opponent
– Evidence in Reply by Applicant
– Opposition Hearing
7. Trademark Registration Certificate
If there is no opposition to an advertised trademark within 4 months after the publication of the advertisement, the registry shall issue the registration certificate to the applicant.
A Trademark Registered in India will be valid across India for 10 years from the date of application.
8. Trademark Renewal
The trademark registration certificate is valid for 10 years from the date of application. A registered trademark must be renewed every 10 years. Trademark registration will be valid as long as it is renewed regularly in time.
Frequently Asked Questions
1. What is a trademark?
A trademark is a unique symbol, word, phrase, design, or combination thereof that represents and distinguishes the source of goods or services of one party from those of others.
2. Why should I register a trademark?
Trademark registration provides legal protection and exclusive rights to use the mark in connection with the specified goods or services. It helps prevent others from using a similar mark and establishes your brand identity and goodwill.
3. What can be registered as a trademark?
Trademarks can be words, logos, slogans, sounds, smells, colors, or a combination thereof, as long as they are distinctive and capable of distinguishing your goods or services from others in the market.
4. What is the difference between "TM" and "®" symbols?
The “TM” symbol is commonly used to indicate that you are claiming rights to a trademark, even if it is not yet registered. The “®” symbol, on the other hand, is used after the mark is officially registered with the trademark office.
5. Can I use the ™ symbol before obtaining registration?
Yes, you can use the ™ symbol to indicate that you claim trademark rights even before the registration process is complete. Once the registration is granted, you can use the ® symbol.
6. Who can apply for a trademark in India?
Any person or entity including individuals, companies, partnerships, or NGOs claiming to be the proprietor of a trademark can apply for registration. A foreign national or a company registered outside India can also register a trademark in India.
8. What is the trademark registration process in India?
The trademark registration process involves filing an application with the Trademark Registry, examination by the registry, publication in the Trademark Journal, opposition (if any), and issuance of the registration certificate.
9. How long does the trademark registration process take?
The time for trademark registration can vary from case to case but it typically takes around 12-18 months or longer, depending on the complexity and any objections or oppositions raised.
10. What is the validity of trademark registration in India?
Trademark registration in India is initially valid for ten years from the date of filing the application. It can be renewed indefinitely in subsequent ten-year periods.
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