Do you want to have exclusive rights as the owner of a distinguished product or intellectual property from other similar products? If your answer is in the affirmative, it’s time for you to know more about Trademarks and how you can apply for a trademark in India.

Trademark Registry

In 1940, the Trademark Registry was established and it was followed by the Trademark Act in 1999. Presently, the Trademark Registry operates as the functional or operational body of the Act. The Trademark Registry manages all the rules and regulations of the Indian trademark law.

The head office of the Indian Trademark Registry is in Mumbai with branch offices in Chennai, Ahmedabad, Delhi, and Kolkata.

Who Can Apply For A Trademark?

The individual whose name is mentioned as the applicant in the trademark registration form is declared as the trademark owner after the trademark has been successfully registered. Any individual, organization, or a limited liability partnership can be the applicant and may file the application for trademark registration.

Check For Availability

You need to visit the official website of trademark registration in India.

· You now need to click on the trademarks tab and then initiate to clicking on public search.

· You will notice three search criteria: Vienna Code, Wordmark, and Phonetic.

· Once you have selected a criterion, the keywords field will change as listed below:

· After you have entered all the details, you will have to click on the search button.

· A list of trademarks either objected/registered/abandoned will be shown on the result panel. This will serve as the basis for you to finalize on the trademark.

How To Register A Trademark?

You need to complete the following steps to register a trademark in India:

Choosing a trademark: You should try choosing a distinctive and unique trademark to represent your organization. This will also be the time to find out which class your product or service belongs to. Presently, there are 45 classes of goods and services under which trademarks can be registered. You can find the list of these classes here.

Mark search: After selecting your proposed trademark, you are required to make a quick search to find out whether the selected trademark of yours has a resemblance to an already registered trademark. For this, you may perform a manual search or visit the website of the Indian Controller General of Patents, Designs and Trademarks. You can make a public search on this website. After clicking on the public search option, you can select the class and search the online database. Alternatively, you can avail of professional legal services.

Filing application: There are two options to choose from while filing for a trademark.

1. You can file for a trademark under a specific class and this would mean that the trademark will be registered only for the single class selected by you. For this, you will have to fill the form TM-1 along with a fee of Rs. 3,000 (you may have a look here for all the amounts payable for the corresponding forms).
2. Alternatively, you can file for a trademark for multiple classes (series trademark) or collective trademark. You will be expected to fill in form TM-A for registering the trademark for more than one class.

There are two cost brackets for filling the TM-A form.

• Individual, small enterprise, or a startup: You are required to pay an amount of Rs. 4,500 if you are e-filing the form or Rs. 5,000 if the form is filed physically.
• Not an individual, small enterprise, or a startup: You are required to pay an amount of Rs. 9,000 if you are e-filing the form or Rs. 10,000 if the form is filed physically.

Please note that you need to fill the form carefully and avoid mistakes. You will also be expected to add a clear picture of the proposed trademark (in dimensions of 9 by 5 cm) along with 5 duplicates of the proposed trademark. The complete file is required to be submitted with two duplicates at the time of filing the trademark registration application. A confirmation for the same can be expected by you within 15–20 working days.

Status Of Application

You will get an allotment number after you’ve received the confirmation of your trademark registration application. The progress status of your trademark application can be checked online using the allotment number. In the meanwhile, you can use the trademark (TM) symbol next to your mark after receiving the allotment number.

Documents Required For Trademark Registration

Individuals & Sole Proprietorship

The following documents are required for trademark registration:

· Identity and address proofs of the individual or the proprietor.

· Signed Form-48, which is the authorization form from the application before the Trademark Attorney to file the application for trademark registration.

· Copy of the logo.

Partnership / LLP / Company — Small Enterprise or Startup

The following documents are required for trademark registration:

· Signed Form-48.

· Identity and address proofs of the signatory.

· Partnership deed or incorporation certificate.

· Copy of the logo.

· Udyog Aadhar Registration Certificate.

Other Applicants

All other applications including organizations without the Udyog Aadhar Registration Certificate are required to submit the following documents:

· Identity and address proofs of the signatory.

· Partnership deed or incorporation certificate.

· Copy of the logo.

· Signed Form-48.

Benefits Of Trademark Registration In India

The purchasing decisions of consumers are influenced by reputation and trademarks that brands represent. This is simply because a trademark conveys emotional and intellectual attributes and communications about you, the company, and the products, services, and reputation of the company.

Furthermore, a trademark is an efficient commercial communication tool for capturing customer attention and making a brand and its offered products and services stand out. This helps consumers immediately recognize who they’re dealing with and then they are less likely to look out for alternatives.

Upon trademark registration, a trademark is classified as an intellectual property and is therefore protected from infringement. Trademarks also enable product differentiation of a product against the products offered by competitors, this creating a powerful and sustainable customer base for the product offered by you.

Moreover, trademarks are recognized as intangible assets for income tax and accounting purposes. They also help in enhancing goodwill, value, recognition, and net worth of a business in the industry.

Types Of Trademarks Available

There are 45 classes of trademarks (1–34 for goods and 35–45 for services) according to the NICE classification of trademarks.

It is important to note that a class search needs to be performed ahead of a trademark search to evaluate the class the product or service belongs to.

The process of trademark registration in India makes it easy for you to trademark any one or a combination of letter, word, number, graphics, logo, sound mark, mix or smell of colors, or phrase.

If you need any help on how to register a trademark in India, please feel free to contact Legalo that offers a wide range of business, accounting & tax, and legal services.