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:
2. Logo and Symbol
3. Taglines & Slogans
4. Other Elements
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:
Why Trademark Registration is Significant for the Business?
Trademark registration is significant and necessary for a business because:
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:-
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.
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.