How to register (file) a trademark online in India – All about Trademark filing in India

1.0 Introduction

Trademark registration in India has had a remarkable change since the era of modernization. With the globalization of trade, brand names, trade names, marks etc it is becoming necessary for brands to register their names.

In other words, companies like Coca Cola, Wal-Mart etc are showing their presence and investing a lot of money in India. This means that the world has now become a single market and to get the identification from the mess of brands, you need a trademark registration, so that the flood of companies and brand may not give threat to your existing brand.

To understand how to register a trademark, we first have to understand what exactly is a trademark, how many types are there and what marks can be registered.

2.0 What is a trademark?

To make it easier and in layman’s language the primary purpose of a trademark is to safeguard the rights of the holder. It is done by preventing the public from getting confused as every individual not only relates the product to the company but also to the quality of the product

For example, when you are buying from Johnson and Johnson you know that you are buying a quality product. If there is no trademark then anyone can use the same name to sell their products which ultimately leads to brand depreciation and confusion.

As said, if you look at yourself, you will find that you are surrounded by a different brand and trademarks like Nike, Samsung, Pepsi, Haldiram’s etc.

You might not know the name of some brands or company but you are able to recognize them from their logos. Further, even if it is not mandatory to register the trademark by law, but it is always recommended to get your trademark registered so that no one else can copy or use your mark.

3.0 Essentials of a valid trademark

The most important thing for a trademark to be legitimate and applicable for registration is ITS DISTINCTIVENESS. It an essential part of registration. If a trademark cannot be distinguished from another trademark than that will only result in chaos.

Imagine going to a store to buy a particular type of medicine of a particular brand but when you are buying you are unable to distinguish between 2 brands and you end up buying the wrong one. Hence this is one of the major reasons why it is important for a mark to be distinctive.

4.0 Documents required for Trademark Registration

There is no prescribed list for documents required for trademark registration. However, based upon our practical experience, the following documents are required:

Logo
Information about the owner (Address, Name, email etc)
Power of attorney (Please email for format)

5.0 Procedure for filing of trademark Registration in India

#Step No.1 – Classification of Class

There are 45 classes of goods and services prescribed in the Trademarks Act. The applicant has to search in between those classes. Class search is important as it is to provide your product or service the right category. For example, In electronics computer is in class 9 whereas Television sets are in class

Applicant has to make sure in which class his product is in.Hence he has to search for that particular class if his trademark is available or not.

#Step No.2 - Trademark search

After finding the right class the applicant has to go to the official website of trademark and search whether the mark is available or not. He has to do an intensive research on the matter otherwise he may face the case of objection or trademark infringement. Hence, it is also advised to get the trademark search from a professional. You may also email us the word for search at info@hubco.in. The website used to search trademark is-

https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx.

#Step No.3 – Prepare the application (form TM1)

Once you get to know that the mark is unique, you will have to make an application to the registrar. The application can be made on the official website or can be submitted personally at the front office counter or by post. While filing the application one has to provide his details like trade name, class no, name, address and nationality of applicant, used since date etc.

Official fees are of Rs.4500 per mark per class the payment can be done online on the official website and offline by sending DD/cheque in favor of Registrar of Trademarks.

#Step No.4 – Submission of application

The application can be submitted online or offline. One has to make sure that every detail mentioned is correct before submitting because editing or amendment of trademark application is time consuming and chargeable by the professional.

Upon submission of the Trademark application, an acknowledgment number is provided which can be further used to track the application status.

#Step No.5 – Post submission

After trademark is submitted a report is provided by the registrar 6-7 months after the trademark application is made. In that report the applicant gets to know if the application is approved or objected.

As said, if objection is raised on trademark, a reply answering each and every query has to be drafted and sent to the registrar’s office and if he is satisfied he will issue the trademark certificate. There is no prescribed format of reply of trademark objection as the same is drafted by the professional based on the experience and knowledge.

5.0 Conclusion

The procedure for trademark registration takes up to 11 to12 months or sometimes even more. Let us make it an easy one for you. Email us at info@hubco.in to get a free consultation on trademark registration. We will not only guide you but also help you in class selection and name search for free

Let us help you in registering your trademark!

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