Trademark is a way that gives a unique identity to products, services, or a business. The unique identity can be in terms of logo, name, slogans, graphics, word, color combination, or something that makes a product/service different from others in the market. Trademark registration is the legal way to use that unique identity as a trademark. By registering the trademark, you secure all the copyrights. It ensures that anyone violating the Trademark Act will have to face legal action. It helps you distinguish your product/service from other similar products/services. So it helps in building a brand of its known. Trademark helps the customers to acknowledge the brand and its value. In this article, we will understand the procedure for registration of Trademark in India.
How to register a trademark in India?
You have to follow the steps mentioned below to complete the procedure for Trademark Registration in India.
Search for trademark
Before applying for trademark registration, you need to check whether the trademark symbol you want to register has been registered by someone else or not. You can search online on the official trademark website. Also, you can physically go to the registry office for the trademark search. If your proposed trademark does not exist in the registry list, you can apply for the trademark registration.
Understand the Importance of Trademarks –
Prepare the Documents for Trademark Registration
One of the most crucial steps, when you apply for trademark registration online in India, is to prepare the documents. Following are the documents that you might need to apply for Trademark Registration.
- Identity proof of the trademark owner
- PAN Card.
- Aadhar Card
- Certificate of Incorporation ( In case you have a Private Limited Company or an LLP)
- Udyog Aadhar Certificate
- Logo if it is applicable and available
- Address proof
Apply Trademark Registration Application
One can apply via online or offline methods for getting a registered trademark.
For offline application, you need to visit any of the 5 trade registry offices based in Delhi, Mumbai, Kolkata, Chennai, or Ahmedabad. Then you need to fill the form TM After the completion of the application and payment, you will get a TM number along with a receipt.
After the filed application, the registrar will inspect to ensure the trademark complies with the specification mentioned under the Trademark Act,1999.
The inspection team ensures that no way your trademark is infringing other trademarks. After the satisfaction with the inspection, they will approve the application.
Answer if any objections arise
In case if the registrar team finds any deviation from the Trademark Act,1999, then they will not approve the application. Also, They will raise objections as per the Trademark Act,1999. You might also need to reapply for the application if any objection arises.
Publicatoin if no objections arise
If they pass your trademark application, they will publish it in the Trademark Journal. The trademark will be published for the first 3 months.
If any third party opposes within this period showing infringement, you need to go through a hearing process.
If the trademark gets no opposition or the hearing comes in your support; your trademark will be successfully registered. Once the trademark registration process gets complete, you can use the registered trademark for your business and marketing.
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