Procedure for Registration of Trademark
Trademark registration is a crucial step for businesses looking to establish and protect their brand identity. In India, the process is governed by the Trade Marks Act of 1999, and it involves several steps to ensure that your trademark is unique and legally protected. Learn about procedure for registration of Trademark in India.
Pricing Summary
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
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Trademark Availability Search
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Trademark Registration Under One Class
- Submit Documents
- Make Payment
- Start Using as TM within 24Hours
Procedure for Registration of Trademark: Overview
A trademark is more than just a logo or a symbol; it’s the identity of your brand. From that catchy name to the unique symbol representing your business, a trademark sets you apart in the market. But why is trademark registration so crucial, and what exactly is the procedure to get one? In this guide, we’ll walk you through each step of the process.
What Is Trademark?
A trademark is a distinctive sign, logo, name, or combination of elements that distinguish your products or services from others. Think of brands like Nike’s swoosh or Apple’s apple. These symbols are legally protected, making them powerful tools for building brand recognition and consumer trust.
Trademark Registration Fee in India
Apply for Trademark Registration
(Professional Fee ₹ 1999 + Govt Fee:₹4500)
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Trademark Availability Search
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Drafting of User Affidavit
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Filing of Trademark Application
Step-by-Step Procedure for Registration of Trademark
Step 1: Trademark Classification
The first step in the trademark registration process is to classify your trademark according to the NICE Classification System, which categorizes goods and services into 45 classes. This classification helps in determining the scope of protection for your trademark.
Step 2: Conduct a Trademark Search
Before applying, it’s essential to conduct a comprehensive search to ensure that your desired trademark is not already registered or too similar to an existing one. This search can be performed through the official Trademarks Registry website. A thorough search minimizes the risk of objections during the application process.
Step 3: Prepare and File the Application
Once you confirm the uniqueness of your trademark, you can proceed to file the application. This can be done online or physically at one of the Trademark Registrar Offices located in major cities like Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad. The application must include:
- The trademark itself (logo, name, etc.)
- Owner details (name and address)
- Classification of goods/services
- Date of first use of the trademark
- Description of the goods/services associated with the trademark
Step 4: Pay the Registration Fees
Along with your application, you must pay the requisite fees, which vary based on the type of applicant (individual, startup, etc.). The fee structure is designed to make the process accessible to businesses of all sizes.
Step 5: Trademark Examination
After filing, the application will be reviewed by a Trademark Officer. They will assess whether the application meets all legal requirements. If the officer raises objections, you will have the opportunity to respond. If the application is accepted, it will move to the next stage.
Step 6: Publication in the Trademark Journal
Once the application passes examination, it will be published in the Trademark Journal. This publication allows third parties to oppose the registration if they believe it infringes on their existing rights. There is a 90-day window for any objections to be filed.
Step 7: Responding to Opposition
If an opposition is filed, you must respond within the stipulated time frame. A hearing may be conducted where both parties can present their arguments. The Trademark Hearing Officer will then make a decision on whether to proceed with the registration.
Step 8: Issuance of Trademark Registration Certificate
If there are no objections or if you successfully defend against any opposition, the trademark will be registered. You will receive a registration certificate, granting you exclusive rights to use the trademark for the specified goods/services. You can now use the ® symbol next to your trademark.
TheProcedure for registration of trademark in India can take anywhere from a few months to a couple of years, depending on various factors such as objections or oppositions. While it is possible to navigate the process independently, consulting with a trademark attorney can enhance the likelihood of successful registration by ensuring compliance with all legal requirements. Protecting your brand through trademark registration is an investment in your business’s future, providing legal assurance and enhancing your brand’s market presence.
