How many attempts did it take to scribble a logo? Lots of attempts, right? Now if you don’t apply for the trademark registration on time then someone else can apply for the same. So hurry up!
A unique brand name is must as it represents the entity. It is an important asset for the company. The product of the company can be easily recognized from the product of the competitors.
Brand protection is very important as it protects from being misuse by others. There are numerous advantages of trademark registration in India.Benefits of Trademark Registration in India
- Trademark holder will have exclusive rights over the trademark of the company;
- Brand value is owned by trademark
- It creates goodwill of the company
- Registered trademark provides legal protection to its owner
- With trademark, advertisement can be easily given and strong public relations can be maintained.
In India, for trademark registration, an application is filed with the Controller General of Patents, Designs and Trade Marks. An application for trademark registration can be filed either online or through offline made (physical mode). However, e filing of trademark registration is a more sensible method.
Online Trademark Registration Process in India
- 1. Register on the trademark office portal
The first step before filing trademark registration application is to register on the portal.
- 2. Trademark search
Before applying for trademark registration, trademark search is the first step. Trademark search is required to be done in order to check whether the name of the business, brand or logo is similar to existing trademarks.
Public search can be done at official website.- 3. Filing of Trademark Registration Application
After completion of the trademark search, trademark registration application is filed with the registrar. Trademark registration application shall be filed in prescribed form TM A along with the prescribed fee and necessary documents. After filing of the application in prescribed manner (™) mark can be used by the applicant. On receiving the application, trademark department will verify the documents and if they found that trademark registration application is complete in each and every aspect then examination will be done otherwise they may ask for clarification.
- 4. Examination of Trademark Registration Application
Trademark registration application will be examined by the department and if they get satisfied with the application then application will be published in trademark journal. As per the Trademark Act, 1999, trademark registration application may be opposed by the other party on the absolute grounds as mentioned under the act.
- 5. Hearing
In case examiner is not satisfied with the trademark objection then hearing may be scheduled by the examiner. The show cause notice will be issued on the address provided in the application. To put the grounds of application, an applicant needs to appear in person or with the attorney.
- 6. Trademark Journal
After proper examination of the trademark journal, application will be published in the Trade Mark Journal. If there is no opposition raised by third party then within four months of trademark publication, the application will be processed by the Registry. However, if an opposition is filed then hearing process shall be conducted by the Registrar. After final consideration, registrar will take decision in favor of one.
- 7. Trademark registration & certification
Once all the above mentioned formalities are completed, trademark registration certificate will be issued under the seal of the Trademark department. After trademark registration, it’s details shall be entered into the Central Register of Trade Marks maintained by the Trade Marks Registry. After receiving the trademark registration certificate, Registered trademark symbol (®) can be used by the applicant.
Trademark registration process usually takes around 12 to 18 months. It is a lengthy and time consuming process. Recently government has also taken initiatives for the Micro, Small and Medium Enterprises and Start-ups registered with Government of India.