PROCEDURE OF TRADEMARK APPLICATION IN INDIA
Trademark is defined as the specific and exclusive sign that is made in use to identify certain goods and services that are exclusively produced and distributed by an individual or a company. Trademark protection ensures that the individual and the company who owns the mark have the specific and exclusive rights to determine goods and services, or to allow others to use them in return of the payment or monetary benefits. Trademarks may contain combinations of letters, numbers and words along with drawing, signs and three-dimensional features such as the shape and packaging of the goods. It may also have other non-traditional features such as holograms, smell, motion and non-visible signs which include smell, sound or taste.
The questions that have to be dealt when a trademark protection is required are:
Where to register a trademark?
Trademarks are registered under Trademark act, 1999 and provide the Brand owner with the legal remedies such as right to sue for damages in case of TM infringements. Trademarks are registered by:
- The controller General of Patents design and Trademarks
- Ministry of Commerce and Industry
What kind of trademark cannot be registered?
- The ones which are identical or knowingly alike to a presently existing registered trademark
- Mark for which already an application of registration has been made which was further not registered
- One which is reasonable to cause a misleading falsehood and confusion
- Wordmark or Logo which is offensive in nature or is in violation of Trademark act, 1999
What are the kinds of documents required for filing an application for registration of trademark in India?
- Copy of trademark or logo
- Details of the applicant which includes name, address and nationality in case of an individual whereas in case of the company, details of the company as such the state of incorporation are required
- Documents regarding the goods or services that are to be registered
- Date of initial use of the Mark in India
- Power of attorney which is to be signed by the applicant
What is the procedure for trademark registration in India?
- Trademark search: Trademark search is important in order to determine and verify whether the logo or the name of the mark that has to be registered is similar to the existing registered trademark or not. The duration required for a Proper LegalSearch is around 4 hours and the cost varies from Rs 0 to Rs. 500.
- Creation of the trademark application: According to the result of TM search if the Mark that has to be registered is not similar to that of the existing registered trademark then the trademark attorney will draft an application for the registration and if the result of the TM search is opposite to the above said then the individual has to change the characteristic of their goods or services that has to be registered. In case an individual believes that he has been using the mark for long period of time even before the other individual’s trademark registration then the individual can start using the symbol or logo as soon as the application of trademark registration has been filled. The time period required for the creation of Trademark Application in India is 2-3 days.
- TMRegistration: Initially the IP office will check the application in order to ensure that it has not been taken already and in case it has then an objection for the TM registration is raised. In case there are no objections then an advertisement in the TM journal is made. Further if there are no objections and opposition raised by third parties in the next 4 months then after 6 months the trademark is registered. The government fees in case of Individual, startup or small enterprise in Rs. 4,500 , in all other cases the government fees is Rs. 9,000 and in case of trademark attorney professional it is Rs. 3,500 per application per class.
What are the steps required for the registration of trademark in India?
- Selection and authorization of an agent or attorney for the purpose of representation
- Search has to be conducted by the agent or attorney
- According to the result of the search, attorney or agent will either draft your application or not.
- If the results give a green signal, then the attorney will file the application with the IP office and will then send the receipt to the entity whose trademark is to be registered.
- After a few days the attorney will send the Original Representation Sheet of the mark as it has been filled with the Intellectual Property office.
Trademark registration in India is necessary because it protects the creators and the inventors and provides them with legal remedies in case of trademark infringement. Also it widens the economic sector by booming the business from one industry to another in exchange of monetary benefits and recognition.You can visit CompanyVakil for detailed Legal guidance and get you Trademark Registered in a single day via their Highly Expert Trademark Consultants.