06 Oct How to Apply for a Trademark Registration In India
Before we start, I would like to briefly tell you guys what exactly Trademark means?
A Trademark is basically your brand name, its reputation which you want to protect and for protecting your brand name you need to register the same. It can be a Letter, Name, Word, Phrase, Logo, Figure, Sound, Smell or it can be a Colour or Combination of Colours.
Now, what is the process of a Trademark Registration?
- Firstly, find a name which should be off the wall, unique and distinctive in nature. You won’t be able to register a generic term as your brand name. You can also search a trademark which are existing and will help you to keep your name distinctive. So, you guys must be thinking that how should we do it? It’s simple, just google “Trademark Public Search” and select “Contains” from the dropdown box then, write your brand name which you want to get registered and in the class section, write your class under which your Goods & Services falls and then make a search. There are 45 Classes under which Goods & Services are mentioned, also you can search for NICE Classification where the list of Classes will appear. You can also visit the page of Trademark Public Search from here https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
- Now, when you have already found your brand name, you have to fill the Trademark Application Form in the prescribed manner for your brand name registration which is Form TM-A and the fees for Startup, Individual/ Proprietor and Small Enterprise is Rs. 4500 and for others it is Rs. 9000. Also, you can file the Trademark Application for registration either in offline or online mode.
- There are certain documents which you have to file along with the application are:
- ID Proof of the proprietor or the directors of the company.
- Address Proof.
- Image in Soft copy of your Brand Name or Logo.
- Supporting Documents in case the Logo has been used from a long time.
- Power of Authorization under Form-48 which is to be signed by the Applicant.
- If we talk about the mode of filing the Trademark Application for Registration, you guys have two option which is physical and E-Filing. If you want to file the Application physically, then you have to visit the Trademark Registry situated in cities like Delhi, Mumbai, Kolkata, Ahmedabad and Chennai. On the other hand, if you want to file the Application for Registration through E- Filing the, you have to visit the website https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspxHere, you will see the New user Option and it will state that you need to have a Class II or Class III Digital Signature for Online filing. After procuring Digital Signature you have to download and install the Digital Signature through signing component, and you can see the Digital Signature Manual for your reference as well. Now click on Proceed with Registration.
- Here, you will see the type of applicant where three options are given which are Proprietor, Agent and Attorney. Select Proprietor and click on the search option, there you have to type the name of that person who is registering the trademark and just submit it. After that, you have to click on the Add New option, and you will have to select the type of proprietor and fill the relevant details. You will get the code after submitting the details.
- Again, you have to visit the page of New User Registration Form where you will type the Applicant and your code and click on the process option. In this page you will have to add the Digital Signature, User ID, Password and all the other details.
- Now, you can easily login by using your User ID and Password as well as using your Digital Signature for online filing. By logging in, you will have the option of New Form Filing and Select the Form TM-A. Select the type of Applicant and select the Class in which you want to register and click on the Submit option.
- You need to fill all the details which are asked there and describe your Goods and Services as well. Select the proposed to be used option if you are going to use the trademark and not used before. Now you can attach the documents and digitally sign as well as submit the Application.
- Go to the Payment option and select the Application and click on the make payment option. By confirming it, you can make the payment by using various means like Debit Card, Credit Card, Net Banking etc.
- So, when the Registrar will receive your Application, he will start examining it and will see that is it in compliance with the law or not. He will check that whether your mark is similar to some other trademark or not, if yes then, he will send an Examination Report which has to be replied within 30 days of receiving the report.
- If the Registrar is satisfied with your Reply, he will publish your trademark in the Trade Mark Journal for 4 Months and any third party can oppose your trademark. If your trademark is opposed then, you have to file the Counter-Statement for the same with the help of a lawyer.
- If there is no opposition raised then, obviously the Registrar will issue the Trademark Registration Certificate.