Everything you need to know about Trademark Registration

If you do not grab the chance of registering your trademark, then someone else might take it. It is equivalent to planetary truth that registering your trademark enhances your brand and logo value, which would fetch more customers from the market. Customers would be able to recognize your products and services from your counterparts’. 

It has long-term gains, such as your business’s market value when you want to sell it. Consider this registration as critical as the company incorporation in India as it becomes pertinent to safeguard your brand name and logo from market predators and imitation from rivals. 

Benefits of registering a trademark in India

• The prerogative to use the trademark.
• Registered trademark offers impeccable brand value.
• Protecting business goodwill.
• Legal protection from others.
• Comfortable and robust commercial advertisement and public relations. 

The registration process of a trademark in India is controlled by the controller general of patents, designs, and trademarks. Online and offline modes can obtain it. For example, E-filling (which is online) and offline registration can be done through the trademark registrar’s office based upon the jurisdiction. Here, online mode is preferred over offline, as it is more sensible and hassle-free.  

Guide to register trademarks in India

Registration via trademark office portal

– Trademark search

Before commencing the trademark registration process, it is crucial to search whether the name of the business, logo, or brand you want is acquired by someone else or not.

– Submission of trademark application

While applying for a trademark, it is essential to keep in mind that it has to be in line with the prescribed manner and required documents and government fees for TM registration. Once it is done, the applicant can start using the ‘TM’ mark over their trademark. After the TM application is submitted and the receipt is generated, the application is classified as a new application. The trademark department analyses the application. If it is meeting the required standards, then the application is marked for examination. If not, then clarification must be sought.

– Scrutiny of trademark application

Examiners of TM will do it, and if they find it appropriate, it is to be publicized in the trademark journal. Nonetheless, if it finds any objection in the application in terms of the absolute ground of refusal or relative ground for refusal as given in the trademarks act, 1999, and scrutiny report is issued accordingly. This objection has to be resolved within the given period.

– Show cause inquest

Examiner can schedule the hearing if he/she is not satisfied with the trademark objection’s filed reply. With the issuance of such notice, the applicant must appear in-person or with an attorney to put before the application’s ground and request the application passed to the next stage. 

– Publishing the mark in the trademark journal

Trademark is published in the trademark journal after scrutiny. From the publication of the trademark’s four months, the application is processed by registry, except there is no objection raised by a third party. In case the objection is filed by the opposition party, then a hearing procedure can be conducted by the registrar to make notice of adequate grounds from both involved parties to put up their claims. The registrar would consider the case based on the suitable documents and deliver his/her favor to a particular party. 

– Registration and certification of the trademark

Once the application moves ahead for the trademark registration, following publication in the trademark journal, a certificate of registration is issued under the seal of the trademark office. Details of the registered trademark must be entered into the trademark registry’s central register of trademarks. 

The crucial thing is that it must be sui generis and distinct from other trademarks registered under the same class or applied. Otherwise, the trademark registry will not entertain the application made. 

After acquiring a brand name (with logo and wordmark), the next step in this direction is to apply for trademark registration with payment of fees prescribed by the government. 

Once you follow the online trademark registration  on the trademark office portal as above, you can log in using their User ID and the digital signature. Make sure to keep the required documents handy.

Requisite documents for trademark registration

1. Applicant’s name, address, and nationality.
2. Incorporation certificate (in case of company/LLP).
3. Applicant’s PAN card.
4. Date of earlier use of trademark and assisting documents. 
5. Applicant’s signature on power of attorney. 
6. Copy of logo and trademark in JPEG format. 

• After applying with payment to the government, the ministry would generate a challenge to show the successful submission of the application and enable the use of ‘TM’ with their brand name.
• With no objection in the scrutiny report, the registrar proceeds the trademark to promulgate in the trademark journal.
• When there is third-party opposition, the applicant has to file a reply within a period with the given format and relevant evidence to safeguard the application. 
• The trademark will get registered in 6-7 months if there is no objection from the third party after the publication of the application in the journal within 4 months.
• Registration of trademark would enable the owner to restraint others from unauthorized use or imitation from their registered trademark. 
• From the date of application, registration is valid for 10 years. One can renew it for another 10 years, within 6 months of the due date of expiry of the first period.     
• After the first period of 10 years, the trademark must be renewed by submitting a renewal application with prescribed fees. If one does not do it within the 6 months of the first period’s expiry date, it would be removed by the registrar from its register. 

Final Thoughts

As we discussed above, online trademark registration in India takes a lot of time, and it is a tricky process, but the government has been working on making it smoother. Meanwhile, no one can undermine the benefits of trademark registration. If one is reluctant or negligent about acquiring it initially, then one has to pay the price in the future. It is safe not to play with your business’s future for which you have almost invested your time, money, energy, and many sleepless nights. Hence, before planning anything for your business initially, it is worth understanding the value of trademark registration.