Trademark registration in India is essential for businesses and individuals to safeguard their brand identity. This comprehensive guide covers the entire registration process, including benefits, requirements, and practical tips for a successful registration, ultimately helping you protect and enhance your brand’s value.
What is a Trademark?
Definition and Overview of Trademarks
A trademark is a form of intellectual property that protects a brand by distinguishing it from competitors and protecting the name, logo, or slogan associated with a product or service from unauthorized use.
Example: Nike registered a special form trademark by combining the Nike wordmark with their swoosh logo.
What is the difference between a copyright and a trademark?
Copyright protects original works like literature, music, and art, while trademarks protects words, names, and symbols used to distinguish one company’s goods or services from another’s.
Types of Trademarks in India
There are different types of trademarks, such as logos, designs, and sounds, that serve unique purposes in safeguarding a brand’s identity.
The Procedure of Trademark Registration in India
The trademark registration process in India secures exclusive rights to use a mark for goods or services, helping to establish and protect brand identity with legal protection against infringement or unauthorized use. Registration provides a higher level of protection and a legal foundation for building a brand identity.
A Stepwise Guide to Trademark Registration Process
Here’s a detailed explanation of the step-by-step process for Trademark Registration to help you understand better.
Step 1: Trademark Classification
The initial step in trademark registration involves categorizing your trademark according to the NICE Classification System. This system includes 45 classes, with classes 1 to 34 for goods and the remaining classes for services. Proper classification determines the scope of your trademark’s protection and is essential for a solid foundation in the registration process. Here’s how to proceed:
- Identify Goods or Services: List the items or services your trademark will cover.
- Consult the Nice Classification: Refer to the Nice Classification to find the appropriate class.
- Professional Advice: If uncertain, seek advice from a trademark expert.
Step 2: Trademark Search
Conduct a thorough trademark search to ensure your desired trademark isn’t already in use. This step helps avoid potential legal issues and application rejection. Follow these steps:
- Search Local and International Databases: Use resources like the Indian Trademark Registry’s online database.
- Check for Similar Trademarks: Look for trademarks similar to yours in both name and category.
- Professional Assistance: Consider hiring a trademark attorney for a comprehensive search.
Step 3: Trademark Application Filing
After fulfilling all prerequisites, file your trademark application. This involves submitting the application online to the relevant intellectual property office with the necessary details, such as the applicant’s information, a representation of the mark, and the specified class of products/services. Accuracy and completeness are critical to ensure a smooth registration process.
Step 4: Trademark Fees Payment
Pay the required fees after filing your application. These fees cover processing, examination, and administrative costs. Be familiar with the fee structure applicable to your business and the number of classes your trademark covers.
Step 5: Trademark Examination
The trademark examination stage involves a thorough review by the concerned department to assess the uniqueness and availability of your proposed trademark. The examiner checks for distinctiveness, non-descriptiveness, and adherence to legal formalities. An examination report is prepared, highlighting any objections.
Step 6: Replying to Objections
Address any objections raised during the examination within 30 days. Satisfactory responses allow the process to proceed; otherwise, a show-cause hearing may be summoned to resolve the issue.
Step 7: Trademark Publication
Approved applications move to the publication stage, where the trademark is published in the trademark journal. This invites potential third-party opposition. Objections must be settled before the application progresses.
Step 8: Settlement of Third-Party Opposition
If third parties raise objections, this step involves negotiation, settlement, or legal proceedings to resolve the issues. Successful resolution allows the department to proceed with the application.
Step 9: Trademark Certification Granted
Upon successful resolution of all oppositions, the applicant is granted a Trademark Certificate. This document confirms exclusive rights to the trademark, valid for 10 years from the application date, protecting against unauthorized use and plagiarism.
Step 10: Trademark Renewal
To maintain protection, trademark owners must renew their trademarks before expiration. The renewal process is similar to the original registration, with no limit on renewals.
Benefits of Trademark Registration in India
☑ Exclusive rights: The owner of a registered trademark has the exclusive right to use the mark in relation to specific goods or services across India. This prevents third parties from using similar or identical marks.
☑ Protection against infringement: Trademark registration protects against infringement for ten years.
☑ Builds goodwill: Trademark registration can help build goodwill and reputation for a business.
☑ Product differentiation: Trademark registration can help differentiate products and services.
☑ Quality assurance: Trademark registration can help ensure product quality.
☑ Asset creation: Trademark registration can help create an asset for the business.
Documents required for trademark registration in India
The following documents are required for Trademark registration:
✅ Name of your trademark (logo if any)
✅ Nature of goods and services
✅ Email ID and Mobile No. of Applicant
✅ Proposed Trademark is in use for a long or proposed to be used
✅ Supportive Documents in case of prior usage
✅ Aadhaar cards of individual/ Sole proprietorship
✅ GST Registration Certificate (if any)
Trademark registration fees in India
The cost to register a trademark in India depends on the applicant’s category and the number of classes for which the trademark is sought. The fee ranges from ₹4,500 to ₹9,000:
1. Individuals, startups, and small enterprises: – ₹4500/-
2. Other entities– ₹9000/-
Frequently Asked Questions (FAQ)
What is the procedure for trademark registration in India?
The procedure of trademark registration in India involves conducting a trademark search, filing the trademark application, examination of the application, publication in the trademark journal, and issuance of the trademark registration certificate.
What are the documents required for trademark registration in India?
The documents required for trademark registration in India include a copy of the trademark/logo, proof of the applicant’s identity, proof of the applicant’s address, and a signed Form TM-48 authorizing a trademark attorney to file the application on behalf of the applicant.
What are the trademark registration fees in India?
The trademark registration fees in India depend on the number of classes of goods/services for which registration is sought. The fee for online filing of a trademark application for one class of goods/services is INR 9,000, and for each additional class, the fees increase.
Why is trademark registration important in India?
Trademark registration in India is important because it provides legal protection, creates brand identity, serves as a valuable business asset, enhances consumer trust, and provides international protection.
Why Should You Register Your Trademark?
Trademark registration secures the trademark and grants the benefits of trademark protection. It assures the customers that the goods or services of the business are unique in the market. It grants protection against goods or services containing a similar trademark causing confusion in the minds of the public.
Why contact Sai NGO & Business Consultancy for Trademark Registration?
Sai NGO & Business consultancy – India’s premier NGO & Business Consultancy and an ISO-certified organization. We have an expert team with over 10 years of experience and a 4.9-star Google rating with 5000+ satisfied clients who provide the Best Advice and guidance.
Durga Saptashati NGO in Dwarka, Delhi, is the brainchild of a visionary and empathetic leader, Sandhya Singh. Durga Saptashati Foundation is a trusted charity organisation in Delhi working for the empowerment of women (from all walks of life), deprived children, senior citizens, and people with disabilities. We are confident that giving a voice to the marginalised will create a more equal and just society. Our approaches are mainly grassroots initiatives because our founder, Sandhya Singh, strongly believes in the lasting impact of working from the ground up.