Trademark Registration – The Complete Guide

The trademark represents the unique identity of your company, product, or service and the trademark registration is a way to safeguard the reputation and ideas that you’ve created for your brand. The registered trademark is considered intellectual property or intangible asset while ensuring profitable returns on the investments made into it.

What can be registered as a trademark in India?
There are many elements of the brand image that can be protected and stands out to your customers, which are segregated under the following header:

1. Name

  • Person’s Name/Surname
  • Product Name
  • Business Name
  • Abbreviations

 
2. Logo and Symbol

3. Taglines & Slogans

4. Other Elements

  • Color
  • Sound
  • Scent

Additionally, there are in-total 45 trademark classes that differentiate all the goods and services across these classes. While applying, an applicant must ensure that you apply for the trademark under all the applicable classes. Here are some of the popular trademark classes in India are:

  • Class 9: includes computer software and electronics,
  • Class 25: includes clothing,
  • Class 35: includes business management and advertising
  • Class 41: includes education and entertainment.

Why Trademark Registration is Significant for the Business?

Trademark registration is significant and necessary for a business because:

  • It signifies the unique identity that builds trust and loyalty among customers
  • It is an asset in itself for the business that can generate high ROI
  • It offers legal protection for your brand’s identity and allows you to sue if others try to copy it

Online Procedure for Registering Trademark in India 

Step 1 - Create a Trademark Application
Applicants need to create a trademark application that must be attached with the supporting documents for online trademark registration. The following supporting documents together with the application have to be submitted for online trademark registration:-

  • Business Registration Proof (includes a certificate of incorporation along with identity proof of the company’s director or proprietorship business owner)
  • Soft copy of the trademark and the proof of claim of the proposed mark that can be used in another country
  • Self Attested Power of attorney by Applicant

Step 2 - Complete the application for brand name registration
There are two ways to complete the application that is formed TM-A for your brand name registration.
e-Filing – Simply fill out the application and get your receipt of acknowledgment instantly on the government website. After receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name.
Manual Filing - It takes time as you have to personally deliver your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmadabad, and Chennai. Later followed by a waiting period of 15-20 days.

Step 3 - Examination of the brand name application
Once the application is dispatched, the Registrar of Trademark will check out whether you have followed certain terms and that your brand name complies with the existing law.

Step 4 - Publication of the brand in the Indian Trade Mark Journals
After the process of examination, the Registrar of Trademark will publish your brand name in the Indian trademark journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months.

Step 5 - Trademark Opposition
If there is any opposition by a third party within 3 months of the trademark publication in the trademarks journal, the Registrar of Trademarks will give you a copy of the notice of the opposition. You need to reply to the opposition notice by filing a counter-statement within months. If you do not submit the counter-statement within 2 months, the trademark application will be considered to have been abandoned and rejected.

Step 6 - The trademark registration certificate issuance
If there’s no opposition raised within the stipulated period of 90 days The Registrar will accept your trademark application, however, in case of trademark opposition, it will be accepted only after the hearing.

Documents Required for Trademark Registration
The business units need to provide the required documents for a smooth procedure.

  • Business type and its objectives
  • An element that needs to be registered
  • Signed Form-48
  • Identification proof of the signatory
  • Address proof of the signatory
  • Udyog Aadhar/MSME registration certificate (optional)

How can we simplify the process of Trademark Registration?

Amidst the incorporation of a business, it is strenuous to get involved in all these registration processes. Nevertheless, to save your time as well as efforts, we at Muneembhai accomplish the complete process on your behalf.

Our service structure features end-to-end fulfillment under the guidance of our expert.

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