What are you allowed to trademark?
According to India’s trademark laws, objects such as sound, logo, words, phrases, colors, images, symbols, initials, or a combination of all of these may be marked out. All these should be used to make the company stand out from the rest.
Who can apply for a Trademark Registration?
Private firms, individuals, companies, LLPs, or NGOs may apply for a trademark registartion. In the case of NGOs, LLP’s or businesses, the Trademark must be submitted for registration in the name of the company concerned.
Different types of Trademark symbols
Process of filing of Application for Trademark Registration
The trademark registry does trademark registration. There are only a few steps involved when you plan to register a trademark.
Selecting a Trademark:
Remember, it will represent your business to choose a unique and distinctive logo. The other main point is to define which class you belong to. There are currently 45 groups of products and services that allow the Trademark to be registered under. Classes 1-34 relate to goods, and Classes 35-45 relate to service.
After you have selected your Trademark, it is advisable to search to verify whether your selected Trademark is identical to a Trademark already registered. You may also do this yourself by visiting the Controller General’s online directory with patents, designs, and trademarks. You will find a choice on the web site to do a public search. Once you have clicked on this option, select your class and check the online database.
When applying for a trademark registration, there are two choices you can take.
– Register a trademark under the class “one.” That is, the Trademark would only be registered for the particular class you have selected. You have to fill out Form TM-1 in this case. The fee payable to apply the TM-1 form is 3,500 rupees. All sums payable for the respective forms can be found here.
– The other alternative is to file trademarks for several classes or sequences, or collective marks. You have to fill out form TM-A for this. This form allows registration of the Trademark beyond one class. This form is filed with two different cost brackets:
Rs.9,000/- , or Rs.10,000/-
If you’re not a start-up, a small business, or an individual, you will fall under that category. s If you file the form in person, you must pay Rs.10,000 or Rs. 9,000/- for- e-filing .
Rs.4,500/-, or Rs.5,000/-
You fall into this category if you are an entity, small business, or start-up. The fee for e-filing of the form is Rs. 4,500 or Rs. 5,000/- if you want to file form physically.
Procedure for Online Trademark Registration.
Step 1: Select the brand name from the internet
This is a fast and easiest way to get a captivating, fashionable, and fascinating brand name for any beginner. Picking up a wacky and quirky brand name is undoubtedly a smart decision because most of the common words will already be in somebody’s hands. Besides, zeroing in on a specific name requires a fast testing process to ensure you don’t select a brand name already in use. The best part here is to invent or coin some terms with a combination of common words to create your exclusive brand name.
Step 2: Getting ready of Documents required to submit along with Trademark Registration application
The following documents need to be submitted along with the application for online trademark registration
a. Business registration Proof: Proof of identity of the company’s directors and proof of address must be provided based on your registered business (sole proprietorship and so forth). In the case of only proprietorship business, the proprietor’s Id proof is viz. You may send a PAN card, an Aadhar card. Whereas in the case of companies the company’s address evidence must be submitted
b. Trademark soft copy.
c. Proof of claim of the proposed mark (which is applicable) can be used in another country.
d. Power of attorney that the applicant must sign.
Step 3: Trademark Registration Filing
The two different ways of filing the registration are manual filing and e-filing. If you prefer ‘manual filing,’ then you must personally travel and submit your application for registration to the Trade Marks Registrar Office located in the major cities of India such as Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you must wait for the receipt of the approval for at least 15 -20 days. But in the case of an e-filing scheme, you can immediately receive the acknowledgment receipt on the government website. When you have received your approval, you can use your TradeMark (TM) symbol next to your brand name!
Also, the applicant will have a second opportunity to refill the same SPICe form without any additional charges in the event of a denial due to non-approval of the term. It means you get two chances of filing the same form without paying Rs. 1000/- both times at an extra price.
You can file the SPICe form again from scratch if you fail to get the name accepted in the second go. That will prove cheaper any day than opting for the first alternative. It takes about 2-3 days to complete the process, including the name approval and incorporation.
Step 4: Process of examination of Trademark Registration application
When the application has been sent, the Registrar will review to see if you have met those conditions that align with your brand name, the current law. Moreover, no conflict or dispute should arise with any existing or pending registration brands. This is why we recommended a quirky brand name for you!
Step 5: Publication in Indian Trade Mark Journals of your Trademark
The Registrar will publish your brand name in the Indian Trade Mark Journal after the exam process. This is undoubtedly an essential part of the registration of the Trademark, and no opposition should be filed within three months (i.e., 90 days) or 120 days from the date of publication, in some cases. Your brand name then proceeds to acceptance.
Step 6: Issuance of Trademark Registration certificate
The Registrar shall accept your application for a trademark if no opposition is filed within the 90-day specified period.
You will use the registered trademark symbol (®) next to your name right from the moment you were issued your certificate.
The registration will be valid for ten years from the date the request is filed. You can then renew the Trademark again after this time. The renovation will take place indefinitely.
Please note: In India, only a trademark is protected and valid and does not warrant any international status.